Why are Procedural Safeguards so important?
What are some important court cases to remember regarding procedural safeguards?
Smith v. Robinson which was the deciding factor on if attorneys fees should be awarded to the family of students with disabilities when they win the court case. This case also created the Handicapped Children's Protection Act.
Buckhannon Board & Care Home Inc. v. West Virginia Department of Health and Human Resources 2001 which set up the idea of the catalyst theory, which essentially allows the receiving of attorneys fees if the plaintiff party prevails in the court room.
Burlington School Committee v. Department of Education 1985 offers the ruling that the IDEA does not bar the reimbursement of funds when the parent of a child with disabilities moved their child to a new school if the court found that the original placement was insufficient.
The Handicapped Children's Protection Act amends the IDEA to allow provision of attorney's fees to parties prevailing in special education lawsuit.
Okay Morgan, now tell me why this is all important to you.
First of all, it is important as a potential future parent of a child with disabilities to know my rights regarding my childs IEP
It is also important to know all of these things about procedural safeguards so that when I am the Special Education teacher and I need to hold and IEP meeting, I am making sure that I have told the parents all of their rights
Being aware of how the procedural safeguards will not only protect the parent but also me.
How does Smith v. Robinson play a role in Procedural Safeguards?
Smith v. Robinson was a 1984 case in which the parents of a child with cerebral palsy fought against a school district who had discontinued their child's services.
Additionally the court revisited this case and created the Handicapped Children's Protection Act of 1986 based off of the proceedings of this case!
The parents sued for attorneys fees and won! This was unheard of at the time.
This case has to do with procedural safeguards because without this case we would not have the safeguard to the right to attorneys fees
What is Injunctive Relief?
When we file an injunction, we are filing to stop a court proceeding. Some reasons why you might file an injunction is because it is irrelevant at the time or might adversely impact your community.
This injunction will stop the process of the courts just for a time. It is like a pause button that will eventually be played out at a later time. So really you are just giving yourself more time to prepare for the court.
What are Independent Educational Evaluations?
If the parents disagree with the schools evaluation, they may request an IEE at public expense when conducted by a qualified examiner who is not employed by the public agency.
If a parent asks for an IEE, JUST DO IT! That is what Brother Cloward says :)
What are Procedural Safeguards of the IDEA?
I just did my case brief about the Perez v. Sturgis case. Essentially this case is a student with disabilities, Perez, who filed a lawsuit under IDEA and ADA at the same time. Initially the court said no no no you cannot file under 2 different provisions before exhausting the one. But, the court ruled that you in fact can file a lawsuit for multiple stipulations at the same time!
Procedural safeguards guide the method by which school officials make decisions regarding the education of students with disabilities, and substantive due process rights are those personal rights that school officials may not abridge.
Congress established the elaborate system of safeguards to "guarantee parents have both an opportunity for meaningful input into all decisions affecting their child's education and the right to seek review of any decisions they think inappropriate."
Bro Cloward told us that we can go online and actually watch live hearings within our District
What is procedural due process?
The right to a mediation, hearing, and moving up through district, appellate, and supreme court.
With regard to mediation, School Districts are required to file the parents request for a due process hearing. If the School District does not file the complaint, the State can come in and take over the school district.
An alternative to the Due Process include Facilitated IEP Meetings, Ombudsman, and Third Party Consultation and Evaluation.
These alternatives must be intimated by those who are within the school and not from a third party.
Idahos Educational Advocacy organization is called Idaho Hub and it's located out of Boise
How did Procedural Safeguards come to be?
Congress wrote the procedural safeguards rights after the Education for All Handicapped Children Act in 1975.
Guardian Ad-Lightem is the proper term for surrogate parents for a child with an IEP.
The procedural safeguards were designed to afford the parents or guardians of students with disabilities meaning involvement in the educational programming and placement of their children.
