Chapter 5.10: Administrative Reviews

    State Performance Plan (SPP):

    (See Overview in the Introduction for information on the SPP.)

    Intent:

    To provide school districts (LEAs) and parents with an alternative means of resolving disputes and managing conflict at the local level.

    Timelines:

    Within 20 school days of receipt of a complaint

    Within 20 school days of receipt of a complaint, the superintendent or the superintendent's designee shall conduct a review, may hold an administrative hearing, and shall notify all parties in writing of the decision.

    REQUIREMENT

    3301-51-05
    (K) Conflict Resolution
    (1) Administrative reviews

    (a) Administrative reviews are recommended, but cannot be used to delay or deny an impartial due process hearing that has been requested in writing or to deny any other rights afforded under this chapter of the Administrative Code.

    GUIDANCE

    A brief overview of Administrative Reviews is described in the chart "Conflict Resolution Processes."

    Administrative reviews

    Administrative reviews are one option for conflict resolution in which parents or an agency may present a complaint to the superintendent regarding the identification, evaluation, or educational placement of a child with a disability, or the provision of a free appropriate public education (FAPE). This step is not a required before filing a state complaint or a due process complaint.

    The school district encourages parents and other agencies to deal with conflicts as soon as significant disagreements emerge, recommends the scheduling of an administrative review, and points out some advantages of this type of review:

    • It provides a quicker way of resolving disputes and can be employed quickly;
    • It may produce quicker results when the focus is on educational outcomes for the child; and
    • It may result in a collaborative resolution that addresses the interests of families and schools and can often preserve a working relationship.

      (Beyond Mediation: Strategies for Appropriate Early Dispute Resolution in Special Education, A briefing paper from The Consortium for Appropriate Dispute Resolution in Special Education(CADRE))

     

    REQUIREMENT

    3301-51-05
    (K) Conflict Resolution
    (1) Administrative reviews (continued)

    (b) The child’s parent or educational agency other than the school district may request an opportunity to present complaints to the superintendent.
    (i) Within twenty school days of receipt of a complaint, the superintendent, or the superintendent’s designee, without undue delay and at a time and place convenient to all parties, shall conduct a review, may hold an administrative hearing, and shall notify all parties in writing of the decision.
    (ii) Every effort should be made in the review to resolve any disagreements.
    (iii) All parties have the right to invite others to participate in the administrative review, including legal counsel.

    GUIDANCE

    Opportunity to present complaints to the superintendent

    A request for an administrative review may be made by the parents or by another agency, verbally or in writing.

    • If the request is made verbally, the school district should either ask the requesting party to make the request in writing, or the district should acknowledge the verbal request in a written communication sent via the U.S. Postal Service or electronically.
    • If the request is made in writing, the school district should immediately confirm receipt of the request by written communication sent via the U.S. Postal Service or electronically.

     

    Upon receiving the request for an administrative review, the school district immediately contacts the parents or the requesting party to schedule a review at a time and place that is convenient for all parties.

    • The school district arranges for any services that may be needed by the requesting party, such as:
      • Ensuring that the meeting place is accessible; and
      • Providing interpreter services for parents whose native language is not English or for parents who are hearing impaired or deaf.
      • Providing other needed accommodations.
    • If the request is made by an educational agency, the school district may, depending on the issue or issues to be resolved, notify the parents of the request and invite them to participate in the review.
    • If circumstances prevent the parents from attending the review in person, the school district may offer to use alternative means for the parents to participate, such as videoconferencing or conference telephone calls.

    The school district or the parents have the right to invite others to participate in the administrative review, including legal counsel. If the school district has a parent mentor, the school district or the parents may invite the parent mentor to participate in the review. The superintendent or his or her designee conducts the review.

    If the superintendent or designee decides to conduct an administrative hearing instead of a review, he or she contacts the district's legal counsel to determine what hearing process the district should follow.

    The superintendent or designee conducts the administrative hearing following the process recommended by its legal counsel.

    The superintendent or designee notifies all parties in writing of his or her decision within 20 days of receiving the verbal or written request for an administrative review.
     

    The school district and the requesting party implement the decision. If the party requesting the review is not satisfied with the decision, the party may:

     

Last Modified: 7/11/2013 4:01:58 PM