Discovering the Relationship Between the Law and Your School Essay

For this benchmark I had to research the justness and how it is applied to specific pedagogics issues that were covered in this class.. I looked at my terra firma departments of procreations website to view the laws of my demesne of okay and Texas and atomic number 18 to see how they cover limited education issues. I had withal had to interview a lawyer who is easily-versed in indoctrinate law. I interviewed Ms. Andrea Kunkel, she was a wealth of information. She is well-versed in particular cultivation law, she was an attorney at Rosenstein, clenched fist and Ringold, where she represented okeh Public Schools.She handled many ascribable(p)(p)(p) Process Cases, she advised sh tout ensembleow staff on their court-ordered responsibilities under the Section 504, Title II of the ADA and IDEA. She also was the healthy advisor of the okay Directors of superfluous(prenominal) Services and is now the staff attorney of CCOSA (Cooperative Council of Oklahoma School, where she is currently training school administrators on specific education law and issues and is the liaison to ODSS group.The get-go topic we discussed was how has the wakeless system evolved, as it applies to special education, over the past 20 years, and how has that affected the legal exemplar for special education today? Ms. Kunkel say that in the 2004 Reauthorization of the IDEA, Congressadded a requirement that, when a p arent files a due surgical butt against auditory modality kick, the district and parent must promptly act in a resoluteness academic session, unless they assort in writing to waive the resultant session.The purpose of the closedown session is to provide a forum at which the parentexplains the complaint and what s/he is desire with the process so that the district has an probability to unfreeze the complaint. Parties who resolve approximately or twain of the complaint issues through a termination session must spell out the terms of th eir arranging in writing, and that writing is enforceable in court.Ms. Kunkel injected that the resolution session al ane is of questionable value in resolving cases. Those same cases would wishly be refractory in an IEP team meeting held after the complaint was filed. However, in Oklahoma, the entity that runs our engagement resolution and interview processes the Special Education Resolution Center at OSU makes on hand(predicate) without charge, with the parties agreement, trained resolution session facilitators, who back up the parties in attempting to resolve the complaint issues. Resolution sessions that include facilitators are effective in resolving due process hearing complaints in Oklahoma.She perioded out that although the IDEA does non require parents and districts to participate in mediation, it encourages secondary dispute resolution processes. SERC straitss mediation services without charge to resolve disputes between parents and districts that agree to part icipate. mediation is available whether or non the dispute has resulted in a due process hearing complaint.Ms. Kunkel said that most recently, SERC has started to offer facilitation services at IEP meetings. Again, this service is free to parents and schools that agree to participate. SERC fucknot make facilitation broadly available, due to limited re starting times, only when it is likely to be available in situations in which parents and schools cannot make it through IEP meetings due to mental wellness issues or different major obstacles.She went on to point out that the availability of alternative dispute resolution options has improved the legal framework for special education in Oklahoma. Although Oklahoma has never been a state with large numbers ofdue process hearing complaints, the timing of SERCs taking on the states due process hearing and alternative dispute resolution systems coincides with the filing of fewer due process hearing complaints. At a eon when OSEP is emphasizing avoiding disputes and resolving disputes at the lowest attainable level, Oklahoma is already a leader in those areas. Greater access to alternative dispute resolution processes seems to indicate that even fewer cases impart result in administrative hearings, appeals and requests for judicial review. That indicates greater collaborationism between parents and schools and improved services for students.How does the legal framework differ for special needs students and regular students in semi undercover and earthly concern schools was the next question that I asked her. She said that the IDEA applies to local education agencies (LEAs) like public schools, but not to mysterious schools. Students with disabilities whitethorn be located by their parents unilaterally in private schools or IEP teams in LEAs/public schools may place students with disabilities in private schools to bump FAPE.For unilaterally pose students, the private school may or may not provide the child with special education or related services and may or may not write an IEP or similar document. That is up to the private school. The parent has no access to due process procedures against a private school to challenge educational services provided or not provided to a private school student.She went on to say that for private schools that accept placements of students on IEPs to receive FAPE, then the placing LEA/public school has the legal obligation to provide the student with FAPE, to tell that adjectival safeguards are followed and that an appropriate IEP is conveyed and implemented. The private school does not become subject to the IDEA by accepting the student. The parents due process rights are against the LEA/public school, not the private school. Public schools turn in child knock responsibilities as to students attending private schools, even unilaterallyplaced students. At most, the private school has a clean obligation, not a legal one, to refer parents to L EAs/public schools for IDEA military ratings when private school personnel guess a disability. Parents who believe that the LEA/public school has failed in its child find obligation or obligation to evaluate or reevaluate a student have access to IDEA due process procedures.I posed the question, Who monitors the carrying into action and evaluation of IEPs in private and public schools? Ms. Kunkel state that private schools that voluntarily develop IEPs for their students with disabilities who are unilaterally placed by their parents monitor their own IEPs. There is no state or federal oversight. IEP development and implementation by LEAs/public schools is monitored by the Oklahoma cite incision of Education, whichreports the results to the U.S. Department of Education/OSEP. LEAs/public schools attend various consequences for IDEA violations.The last question that I asked her was In the legal experts opinion, are there any elements of special education law that need refinement? Ms. Kunkle said that, As to the legal system, I would prefer mandatory mediation when a due process hearing complaint is filed.I researched how mediation works in my schools district website. The website stated that a trained intermediator works with some(prenominal) of the parties involved. The Special Education Resolution Center (SERC) is the one who appoints a mediator when needed, these mediators are unbiased. The mediator is neutral facilitator to athletic supporter the family, students and the school staff to reach an agreement. The mediator is in control of the session they parties involved makes all of the decisions regarding the case.The mediator permits some(prenominal)(prenominal) parties to voice their points and tries to help both parties to come to a mutual understanding and find the best solution to the line of work that best suits the problem and best services that student. Parents and the school system also have a piece in the mediation, their role is to b e active during the session and help to develop an agreement along with the mediator. Bothparties can consider an attorney, but they are responsible for all fees. Mediation is free and not mandatory for any fellowship to participate in. Mediation can be asked for at any time and if an agreement is made both parties get a copy of the agreement. If the agreement is not followed the case can go to court. (http//ok.gov/sde/faqs/special-education-mediation )My state has policies that ensure that the funds that the state gets from IDEA (section 608 (a) ) There is a insurance policy by the Oklahoma State Department of Education (OSDE) establishes that secondary transition services be started at the start of the students ninth grade year or when they turn 16. There is a policy that makes sure that classroom sides are not big. sign eligibility determination must be completed at heart 45 school eld of receipt. In Oklahoma payable Process is managed by The Special Education Resolution C enter (SERC) SERC has expanded with programs to help assist families and school districts to resolve disputes at the earliest feasible time. This service is done for free to families and the district.The mediators are well trained. Mediation in Oklahoma is totally voluntary. If a parents wants to have mediation, they have to fill out a form, sign and return it to the SERC and the SERC will inform the other party involved in the dispute. After both parties agree to attend the mediation, a mediator will be assigned, there is a mediation manual(a) on the states website. . In Oklahoma a Due Process hearing upshot mediation when the disputes cannot be worked out during mediation. There are special rules for the conduction of the hearing.There is a hearing officer that proceeds over the hearing. Both parties have thirty days to discover to settle once again on a resolution. A hearing will go ahead at this point. These options for parents and districts are funded by the Oklahoma State Department of Education. As a paraprofessional I have luckily never had to go through a Due Process Hearing, but I have worked with a few parents that I waswonder if we were going to have to. I have worked with some wonderful families who truly worked with the school in do sure their child go the best education possible.In conclusion, through this course I have well-enlightened a lot about Special Education and law. The law is made to help peck but I find that sometimes that is not case, through this class I have learned more about law and how it might help my special needs students. It is important as a teacher to be up on law. I might be the only one who can help my students and families. I want to be source of help and safety for my students and their families. As a special education teacher I will try to stay up on laws and stay educated myself.Resource Pagehttp//ok.gov/sde/faqs/special-education-mediation (N.D) retrieved on stately 5, 2014 http//ok.gov/sde/sites/ok.gov.sde /files/OSDE%20SES%20Policies.pdf (N.D.) retrievedon August 5, 2014Personal Interview with Ms. Andrea Kunkel on August 3, 2014