Ellensburg School District

Parents should talk directly with the people involved as soon as possible. First, you can call to schedule an informal meeting to discuss the situation. Second, you can prepare for the meeting by making a list of issues and some possible solutions. It is very helpful to staff if you can let them know how much time you will need to discuss your concerns. Try to stay within that time constraint even if it means having a second meeting to finish the discussion.

District staff should contact parents as quickly as possible to discuss concerns they may have. Staff also should not ignore issues that are surfaced by the parent or adult student. Open communications and problem solving strategies can prevent issues from escalating into problems.

• See if you can agree on the issue(s) that must be addressed.
• Try to start the meeting with a positive statement.
• Listen actively to understand the other person’s perspective.
• Communicate your concerns clearly.
• Use notes to keep you and the meeting on track and focused on the child.
• Ask questions or restate so you and others are clear in your understanding.
• Work together to suggest some possible options to resolve the issue(s).
• Analyze all of the options to see if you can find areas of agreement.
• Be willing to try suggestions for an agreed upon period of time. (Collect data during that time so that when you come back together, you will know if the suggestion is having the desired effect.)
• Discuss what should happen next.

• A liaison between citizens and school districts;
• A person who can provide information regarding Special Education laws, regulations, and procedures;
• A person to turn to for ideas when unsure about options for resolving Special Education related disagreements;
• A person who can explain formal dispute resolution options;
• A person who acts as a neutral and confidential sounding board to explore options for resolving Special Education related disagreements;
• An advocate for a fair process;
• A person who works to prevent individual concerns from being overlooked by the system;
• A person who listens, assists with problem-solving, and provides appropriate referral services; and
• A person who makes recommendations to OSPI based upon patterns of complaints, if patterns emerge.

• An attorney who provides legal counsel;
• One who develops or sets Special Education or OSPI policy;
• One who writes reports on and/or conducts large scale investigations;
• An advocate acting on behalf of any one party or organization;
• A defender of OSPI practices; or
• One who can order a public agency to fix your problem.

The special education ombudsman can be reached by phone at (360) 725- 6075 or by email at speced@k12.wa.us.

Note: If you have a dispute under the Early Intervention Section (Part C) of the IDEA, it can be sent to:
Department of Social and Health Services
Infant Toddler Early Intervention Program
P.O. Box 45201
Olympia, WA 98504-5201
(360) 902-8488

The purpose of facilitation is to help the school and family reach an agreement on the IEP when there has been a history of disagreement and/or communication difficulties in planning for the student’s education. The use of a neutral third party oftentimes can help parents and districts to arrive at an IEP that is mutually acceptable.

To request an IEP Meeting Facilitation, or obtain more information call: Sound Options Mediation and Training Group, L.L.C. at (800) 692-2540 or (206) 842-2298 (Seattle. Washington State relay service numbers are (800) 833-6388 (TDD) or (800) 833-6384 (voice). Sound Options — http://www.smtg.com.

If parents and districts still cannot reach an agreement, IDEA sets forth three formal dispute resolution options:

• Mediation,
• Citizen’s Complaints, and
• Due Process Hearings.

These formal ways to solve problems can help the school and the parent reach a resolution. There is no specific order to these options. A parent may access any option at any time.

Mediation services are offered by OSPI at no charge to parents or school districts. Mediation is available to help resolve problems that involve the initial identification of a student, evaluations of the student, the educational placement, and the educational services provided to a student (FAPE). An impartial mediator works with the parties to clarify issues, resolve conflicts and develop agreements between the parties, when an agreement is reached. Parents and school districts may invite any participants they believe will assist in the mediation. Mediation is a voluntary process for the parents and districts. Either the district or the parent may refuse to mediate, and there are occasions when parties are not able to reach an agreement. Mediation may not be used to delay or deny rights under IDEA or the right to proceed to a due process hearing.

When parties reach an agreement, those agreements are in writing and are enforceable in state and federal courts. The discussions that occur during the mediation are confidential.

To request mediation, or obtain more information call: Sound Options Mediation and Training Group, L.L.C. at (800) 692-2540 or (206) 842-2298 (Seattle. Washington State relay service numbers are (800) 833-6388 (TDD) or (800) 833-6384 (voice). Sound Options — http://www.smtg.com.

• A statement that a public agency has violated a requirement of Part B of IDEA, or corresponding state law or regulation; or, a statement that the school district is not implementing a mediation or resolution agreement.
• The name, address, and telephone number of the person filing the complaint
• If the complaint involves a specific student, including students who are homeless, the name and contact information for the student.
• The name of the school district. If the complaint is about an agency other than the school district providing special education services include the name and address of the other agency.
• A description of the problem with the facts supporting the allegations.
• A proposed resolution of the problem to the extent you can.

When preparing a complaint it is helpful to include as much information as possible including significant dates and events that may be relevant to the allegations. Although it is not required, a complaint form has been developed to assist individuals or organizations in providing the information needed in order to accurately process complaints. This form may be requested from OSPI, Special education at (360) 725-6075. It is also available on the special education website.

The citizen complaint should be sent directly to:
Office of Superintendent of Public Instruction
Attn: Special Education
PO Box 47200
Olympia, WA 98504-7200

• The name of the student;
• The address of the residence of the student (or available contact information in the case of a homeless student);
• The name of the school the student is attending;
• A description of the nature of the problem and the facts related to the problem; and
• A proposed resolution of the problem to the extent known and available to the party at the time.

The right to a due process hearing can be denied or delayed if the request does not include all of the information stated above. It is up to the party requesting the hearing to provide proof that the due process hearing request was received. Any issues about whether or when the due process hearing request was received will be determined by the ALJ.

OSPI has developed procedures to Request a Due Process Hearing. A hearing request form (available on the OSPI website) may also be requested from OSPI, Administrative Resource Services or Special Education, as well as from the school district. OSPI has also developed written instructions entitled Procedures and Timelines for Due Process Hearings Under IDEA 2004 that addresses the required procedures for providing the due process hearing request notice to the other party, including timelines before the due process hearing can begin.

Once OSPI receives a hearing request OSPI assigns a case number and forwards a copy of the hearing request to OAH. OAH appoints an ALJ who sends written confirmation to both parties.