ILLUSIONS AND DELUSIONS:

Avoiding Procedural Safeguards Confusion

Mike Blake and Patti Solomon, GaDOE

04/22/2023 1

Today’s Agenda• Learning Objectives• Your Perceptions: Surprise!

• Procedural Safeguards Jeopardy• Key Components for Implementing

IDEA: Design, Delivery and Relationships• General Supervision Action Planning

Worksheet• What’s Next?

04/22/2023 2

Learning Objectives Understand that perceptions may paint a

situation Remember and understand IDEA

procedural safeguards, (i.e the “Parents’ Rights”)

Apply and analyze three key components of implementing IDEA: Design; Delivery; and Relationships

Evaluate your district’s four general supervision components in regards to procedural safeguards:

Policies, Procedures & Practices; Training; Implementation; and Monitoring/Supervision

Create an action plan!

04/22/2023 3

04/22/2023 4

CREATING

EVALUATING

ANALYZING

APPLYING

UNDERSTANDING

REMEMBERING

Learning Objectives Created by Benjamin Bloom, 1956, Revised by Lorin Anderson (a student of Bloom), 1990s

BLOOM'S TAXONOMY

Two Questions…

What do I expect from this session?

What will help me in the future?

5

Graphic Organizer

04/22/2023 6

Illusions and Delusions: Avoiding Procedural Safeguards Confusion

What do I expect to get out of this session?

What will help me in the future?

Procedural Safeguards Trivia Answer Sheet

1. (5 answers)

2. Yes No

3. (3 answers)

4. Yes No

5. Yes No

6. (2 answers)

7. Yes No

8. Yes No

13 + Correct = A 10 – 12 Correct = B Less Than 10 Correct = C

Jeopardy Answer sheets

Let’s Talk About TheseIllusions And Delusions

http://www.theinvisiblegorilla.com/videos.html

04/22/2023 7

Do our illusions and delusions play a role in everyday decision making?

HMMMMMMM

Maslow’s Hierarchy of Needs Self actualization

Esteem NeedsBelonging Needs

Safety NeedsPhysiological

A paradigm is a frame of reference.

It is the way we perceive, interpret and understand.

When we l o ok a t so meth ing d iffe ren t l y we make a pa rad ig m

sh i f t and can th ink , fee l and

behave d iffe ren t l y

We assume that the way we “see” things

are the way they really are --- or the way they

should be!

Steven Covey on a Paradigm Shift

Steven Covey: Seven Habits of Highly Effective People

JEOPARDYAt Spring

Leadership

with your host

Ok For a copy of the new Parents Rights’ Video in

Spanish…..

Please Answer

the Following Question

11

The term “Procedural Safeguards Notice” also refers to the document commonly identified as “Parents’ Rights.”

Procedural Safeguards must be given to parents only one time per school

year. Except, a copy must also be given to

the parent in five different circumstances. Name them:

04/22/2023 12

And the ANSWER Is…….1. Upon initial referral or parent request for

evaluation2. Upon receipt of the first state complaint in a

school year3. Upon receipt of the first request for a due

process hearing in a school year4. Upon notification by the LEA to the parent of a

decision to remove the child from his or her current placement and the removal constitutes a change of placement under the discipline provisions of IDEA and state rules because of a violation of a code of student conduct

5. Upon request by the parent 04/22/2023 13

Jeopardy True or False

The parent may elect to receive the Procedural Safeguards/ Parents’ Rights notice by electronic mail, if the LEA makes that option available?YES

04/22/2023 14

Procedural Safeguards Jeopardy

Each LEA shall establish and maintain procedures to provide an opportunity for the parents of the child with a disability to: Inspect and review all education records

relating to the ___________, evaluation, educational _____________, and provision of ________ to the child.

identification, evaluation, educational placement, and provision of FAPE to the child

04/22/2023 15

Procedural Safeguards Jeopardy

The LEA may presume that the parent has the right to examine records unless the LEA has been advised that

the parent does not have the authority due to State law governing guardianship, separation and divorce.

04/22/2023 16

17

Procedural Safeguards Jeopardy

Does an informal or unscheduled conversation involving LEA personnel about teaching methodology, lesson plans, or coordination of services require parent participation?

04/22/2023 18

The Answer is NO

04/22/2023 19

Procedural Safeguards Jeopardy

If a parent requests an independent educational evaluation at public expense, the LEA must, without unnecessary delay

either…A. Initiate an impartial due process hearing to show that its evaluation is appropriate, orB. Ensure that an independent educational

evaluation is provided at public expense, unless the LEA demonstrates in a hearing that the evaluation obtained by the parent did not meet agency criteria.

04/22/2023 20

More Jeopardy

The LEA must ensure the parent understands the

content of the notice; and there is written evidence

that the requirements have been met?

04/22/2023 21

04/22/2023 22

Procedural Safeguards Jeopardy

Consent for initial evaluation shall be

construed as consent for initial provision of special

education and related services?

04/22/2023 23

04/22/2023 24

Procedural Safeguards Jeopardy

13 + Correct = A10-12 Correct = B10 or Less Correct = C

04/22/2023 25

Before I sign off ……

A Reminder from our sponsor at US DOE about Procedural Safeguards requirements and other Dispute Resolution options

04/22/2023 26

Applying and Analyzing Key Components That

Make IDEA Work

04/22/2023 28

Key Components for Implementing IDEA

Or….Illusions, delusions, and confusion?

Special education disputes often revolve around these three

components:DESIGN DELIVERY RELATIONSHIPS

Source: The National Center on Dispute Resolution in Special Education

(CADRE) http://www.directionservice.org/cadre/

04/22/202329

Heeeeeeeeeeere’s Mike……….

The Procedural Safeguards

Talk Show With Guest Diane Dispute

04/22/2023 30

04/22/202331

DesignThese debates

typically concern:

eligibility for services

methodology of

intervention perceptions about

student needs

the scope of the IDEA entitlement

educational placement

04/22/202332

Delivery

provider competence

scheduling transportation

coordination of services

procedural requirements

privacy confidentiality

These debates typically concern:

04/22/202333

Relationships

Relationship conflicts may stem from:

Loss of trust Breakdowns in communication

Cultural differences

Rethinking the Way We Act

Local General Supervision Action Planning Worksheet

• Policies/Procedures• Training/Professional Learning• Implementation • Monitoring/Supervision

– Use guiding questions for each section

04/22/2023 35

04/22/2023 36

My District Story in the year Two Thousand Twelve Procedural Safeguards

From Current Status to Desired State Current Status Desired State

Policies/Practices/Procedures

Policies/Practices/Procedures

Professional Learning

Professional Learning

Implementation

Implementation

Monitoring/Supervision

Monitoring/Supervision

My District Story Current Practice - Guiding Questions

Policies/Practices/Procedures What are your current written policies regarding

Procedural Safeguards? Do you have a written manual with procedures

that apply to Procedural Safeguards? Do you involve stakeholders in the development

and review of your policies? Use right side column for action steps/desired

state

04/22/2023 37

My District Story Current Practice Guiding

QuestionsProfessional Learning

How is professional learning currently delivered?

How often? Who is the audience – special ed staff,

reg. ed? Do you have a “coaching” model for PL? Use right side column for action

steps/desired state

04/22/2023 38

My District Story Current Practice Guiding

QuestionsImplementation How are you currently implementing

Procedural Safeguards protections? i.e. paper copies of Parents’ Rights, explanation of Parents’ Rights

Is there a process for early dispute resolution of issues related to design, delivery, and/or relationships?

Use right side column for action steps/desired state

04/22/2023 39

My District Story Current Practice Guiding Questions

Monitoring/Supervision How do you currently monitor and

supervise the implementation of Procedural Safeguards?

Are others in your district also monitoring and supervising this area? i.e. principals, assistant principals, etc.

Use right side column for action steps/desired state

04/22/2023 40

Illusions, Delusions, and Confusion

04/22/2023 41

Conclusions

Learning Objectives ReviewUnderstand that perceptions may paint a

situation Remember and understand IDEA

procedural safeguards i.e. “Parents’ Rights” Apply and analyze three key components

of implementing IDEA – Design, Delivery, Relationships

Evaluate my district’s current state regarding the four components of general supervision related to procedural safeguards and create an action plan for the future

42

Two Questions

What do I expect from this session?

What will help me in the future?

04/22/2023 43

What’s Next?Please Provide Suggestions For

Future Sessions:

mblake@doe.k12.ga.uspsolomon@doe.k12.ga.us

04/22/2023 44

ResourcesCADRE: The National Center on Dispute

Resolution in Special Educationhttp://www.directionservice.org/cadre/

Check out CADRE’s training material to use for PL in your district as well as for stakeholder training and community outreach.

04/22/2023 45

ResourcesFederal Regulationshttp://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=ec2b748cab4d982887d912cacb721477&rgn=div5&view=text&node=34:2.1.1.1.1&idno=34#PartTopState Rules – PDF to your tablet!http://www.doe.k12.ga.us/External-Affairs-and-Policy/State-Board-of-Education/Pages/PEABoardRules.aspx

04/22/2023 46

References• Anderson, Lorin W. & Lauren A.

Sosniak, eds. (1994), Bloom's Taxonomy: A Forty-Year Retrospective. Chicago National Society for the Study of Education

• The Seven Habits of Highly Effective People Stephen R. Covey: Running Press (2000)

04/22/2023 47

Thanks!

04/22/2023 48