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ONE OF THE REALLY IMPORTANT ELEMENTS
OF GETTING SERVICES UNDER I.D.E.A.,
UNDER THE FEDERAL LAW THAT PROVIDES EARLY ON
AND ALSO PROVIDES SPECIAL EDUCATION,
IS THAT PARENTS HAVE RIGHTS.
ALL THOSE RIGHTS ARE CONTAINED IN A PACKET OF INFORMATION
THAT A PARENT GETS CALLED "PROCEDURAL SAFEGUARDS."
IT IS A DESCRIPTION OF ALL THE RIGHTS THAT PARENTS HAVE,
INCLUDING THE RIGHT TO PARTICIPATE,
THE RIGHT TO GET NOTICE,
THE RIGHT TO HAVE A SECOND OPINION,
OR WHAT'S OFTEN CALLED AN INDEPENDENT EVALUATION,
THE RIGHT TO CHALLENGE OR DISAGREE
WITH WHAT A PROVIDER OR A SCHOOL DISTRICT MIGHT DO.
THE EARLY ON PROVIDER OR THE SCHOOL DISTRICT,
DEPENDING ON WHO YOU'RE WORKING WITH,
PRIMARILY IS RESPONSIBLE
FOR MAKING SURE THAT YOU HAVE A COPY OF THOSE.
IF YOU'RE NOT SURE
WHETHER YOU HAVE A COPY OF YOUR PROCEDURAL SAFEGUARDS,
ASK FOR ONE,
AND THEN IF YOU LOOK AT IT AND YOU'RE NOT SURE WHAT IT MEANS,
IF YOU LOOK AT IT AND SAY, "THIS IS ALL WRITTEN IN LEGALESE,
AND I DON'T UNDERSTAND THIS -- WHAT DOES THIS MEAN?"
FEEL FREE TO ASK YOUR PROVIDER
OR CALL MICHIGAN PROTECTION & ADVOCACY SERVICE AND ASK US,
AND WE CAN TRY TO EXPLAIN THOSE FOR YOU.
SO, WHAT HAPPENS IF YOU HAVE
AN INDIVIDUALIZED FAMILY SERVICE PLAN
THAT HAS SERVICES, THAT HAS TRANSITION ELEMENTS,
THAT HAS A NATURAL ENVIRONMENT,
AND THOSE THINGS ARE NOT BEING DONE,
WHERE YOUR SERVICE PROVIDER SAYS,
"NO, WE HAVE TO PROVIDE THIS SERVICE SOMEWHERE ELSE,"
SAYS, "NO, WE CAN'T PROVIDE THAT SERVICE,"
"NO, WE CAN'T PROVIDE THIS KIND OF TRANSITION" --
WHAT DO YOU DO?
ONE THING I SUGGEST TO PARENTS,
THAT IF THERE IS SOMETHING IN THEIR IFSP
THAT'S NOT BEING PROVIDED
IS FIRST TRY TO WORK OUT THE PROBLEM INFORMALLY.
IF YOU CAN'T DO THAT,
YOU CAN ASK FOR MEDIATION.
MEDIATION IS A FREE SERVICE THAT'S OFFERED
THROUGH LOCAL MEDIATORS PAID BY THE STATE,
SO IT'S AT NO CHARGE TO YOU OR TO THE PROVIDER.
A TRAINED MEDIATOR CAN GET INVOLVED IN YOUR SITUATION
AND HELP YOU WORK WITH YOUR PROVIDER
TO RESOLVE YOUR DISPUTE, TO COME TO SOME KIND
OF AGREEMENT ABOUT WHAT TO DO.
IF YOU CAN'T DO THAT,
THERE IS A FORMAL COMPLAINT PROCESS THAT YOU CAN USE,
WHERE YOU CAN WRITE A LETTER
TO THE STATE DEPARTMENT OF EDUCATION,
AND THE STATE WILL INVESTIGATE YOUR COMPLAINT,
AND WITHIN 60 CALENDAR DAYS, WILL COME BACK WITH THE FINDING
AS TO WHETHER OR NOT
THE PROGRAM THAT IS PROVIDING THE SERVICES
FOLLOWED THE LAW IN MAKING SURE
THAT WHAT WAS WRITTEN INTO THAT IFSP WAS ACTUALLY DONE.
IF THE PARENTS HAVE QUESTIONS ABOUT THE COMPLAINT PROCESS
OR ABOUT ANY OTHER DISPUTE RESOLUTION,
THEY'RE WELCOME TO CALL MICHIGAN PROTECTION & ADVOCACY SERVICE.
WE HAVE A TOLL-FREE NUMBER --
800-288-5923.
WE HAVE ADVOCATES AVAILABLE
TO ANSWER YOUR QUESTIONS DURING THE WEEK.
IF YOU WANT TO SEND US AN E-MAIL
OR YOU CAN SEND US A TEXT,
WE ALSO HAVE A WEBSITE --
MPAS.ORG.
WE HAVE INFORMATION MATERIALS THAT WE CAN SEND YOU.
WE'LL TALK WITH YOU.
YOU'LL ACTUALLY GET TO TALK WITH A LIVE PERSON, NOT A PHONE TREE.
AND WE'LL TRY TO GIVE YOU AS BEST ADVICE WE CAN
ON HOW TO RESOLVE YOUR DISPUTE.