STATE OF MICHIGAN

BOARD OF EDUCATION OF THE SCHOOL DISTRICT
OF THE CITY OF _______________

_____________________________________

______________________________,
on behalf of their son/daughter

_____________,

Respondent,

-and-

___________________

Hearing Officer

BOARD OF EDUCATION OF THE SCHOOL
DISTRICT OF THE CITY OF _____________,

Petitioner.
______________________________________

SETTLEMENT AGREEMENT

This matter has two aspects. First, on March 10, 1993, the parent by letter requesting, among other things, an IEPC be held regarding __________. Second, by the letter dated March 10, 1993, the parents requested an Independent Educational Evaluation (IEE) which the District would deny and initiate a hearing to show its evaluations were appropriate pursuant to 34 CFR 300.503(b).

The parties have mutually agreed to have ____________________ serve as the hearing officer regarding both aspects of this case.

As a result of the discussions which have taken place, the parties have agreed to the following:

1. The District, at its cost, will retain the services of Dr. __________, Coordinator for Special Education Programs at __________ University, to conduct the following activities as an independent consultant to the parties to resolve the parents' IEE request and the District's request for hearing regarding it. The consultant shall:

a. Review __________'s educational records and only to the extent educationally relevant, his medical records. The parents shall provide the consultant appropriate consents as necessary upon her request.

b. Consult with __________, his parents, any District staff of her choice, and any other person who has evaluated or treated __________, as she deems necessary to gain as complete an understanding as possible of __________'s current educational performance, unique individual needs (including how __________'s ADHD impacts his attention, focusing and retention), and the special education programs and services (including accommodations in general education settings) necessary to meet those needs. The parents shall provide to Dr. _________ appropriate consents as necessary upon her request. Also, all class observations are authorized by the parents and shall be conducted as often as Dr. _________ requests.

c. Conduct such evaluations of __________ as she feels are necessary to determine __________'s problems and needs with respect to any learning disabilities (including, but not limited to, the areas of basic reading skills, reading comprehension, oral expression, listening comprehension, math calculation, and problem solving, written expression, retention, and how __________'s ADHD impacts his learning and communication) and the special education programs and services (including accommodations in general education settings) necessary to meet those needs. The District's MET report of 5/29/91 shall be considered updated and amended to the extent it is inconsistent with Dr. __________'s evaluation. A copy of the report of any evaluation conducted and possible amendment to the 5/29/91 MET shall be provided to the parents and the District. Thereafter, she shall determine __________'s individual educational needs.

d. Develop in consultation with __________, his parents, their representative, and District staff utilizing whatever process she deems appropriate, __________'s goals and objectives (including criteria by which to evaluate his progress).

e. Determine, in consultation with __________, his parents, their representative, and District staff utilizing whatever process she deems appropriate, the special education programs and services (including accommodations in general education settings) which she finds are necessary to address __________'s needs as a result of his learning disabilities for the 1993-94 (as well as any modifications that she deems appropriate throughout the term of the Settlement Agreement). If in making such determinations she finds it would be appropriate to modify the services for speech and language therapy as provided in the November 11, 1992, IEPC, she may do so with concurrence of the prior independent speech and language specialist.

f. Whenever she deems it appropriate, even before she has completed all the above activities, determine such modification in the special education programs and services as well as accommodations in the general education setting under the 11/11/92 IEPC (attached to the Settlement Agreement), which she finds are appropriate pending her making the determinations under item (e) above.

g. Issue a written report(s) to the parties to advise them of her findings/determinations and the reasons therefore under items c, d, e, and f above. Specifically, the report will include: __________'s present level of educational performance in each area, his current needs, and the special education programs and services, including accommodations in all school settings, those needs require. The parental input and questions shall be reviewed and responded to by Dr. __________. She will also review and attempt to determine which goals and objectives from the 11/11/92 IEP have been met and/or need to be continued, adjusted, and possibly amended. She will also make recommendations for a transitional plan which will include to the extent she deems appropriate prevoc, academic, and communication prerequisite skills based on the "Michigan Special Education Program Outcomes Guide: Learning Disabilities." For example, this might include basic academics, self-esteem/social integration, personal efficiency and productivity, language and communication, attention issues, and retention/adaption.

2. Both parties agree to act in good faith and cooperate fully with Dr. __________ to assist her in conducting the activities mentioned above. Near or at the completion of her evaluation and related activities, near the end of the 1992-93 school year and at such other times as she deems appropriate, Dr. __________ shall call a meeting of the parties and such other persons she desires to plan, coordinate, or discuss __________'s programs/services and related matters. Further, the parties agree to be bound by and implement the determinations of Dr. __________ regarding __________'s special education programs and services (including accommodations in the general education setting) under items (e) and (f) above.

However, Dr. __________ does not have the authority under this Agreement to direct the District to pay for programs or services to be provided by third parties (e.g., a private school). Any desired changes in __________'s programs and services (including accommodations in the general education setting) by either party must be approved by Dr. __________.

Dr. __________'s findings/determinations with regard to __________'s current educational performance, areas of learning disabilities, goals and objectives, programs and services (including accommodations) and other relevant information (including for example who is responsible for working on each goal with __________ and Dr. __________'s desired procedure for monitoring implementation during the agreement) shall be placed upon the District's IEPC and MET report forms by Dr. __________ (or others at her direction). The parties agree that such shall serve as the IEPC for __________ for the 1993-94 school year subject to such modifications as Dr. __________ determines appropriate.

3. Both parties agree that they shall take no further action in this matter except in accordance with the provisions of this Agreement. The District shall schedule an IEPC near the close of the 1993-94 school year at a time mutually convenient to the parties and Dr. __________, who shall participate. (Neither party may request an IEPC or evaluation before this IEPC.) If either party disagrees with the determinations of the IEPC, the party may request a due process hearing. The request must be postmarked not later than ten days after the IEPC and directed to the opposing party with a copy to the hearing officer. The request shall specify those portions of the IEPC with which the parties disagree and what the party believes should have been the correct determination. All claims under IDEA and Section 504 shall be addressed in such an appeal and determined by the hearing officer. Pending completion of the hearing process, __________ would remain in the program and placement last determined appropriate by Dr. __________ and would allow for implementation in __________'s current school.

4. Should either party believe a modification of __________'s program is necessary or the other party is not cooperating with Dr. __________, violated the terms of this Agreement, federal or state special education laws, or Section 504, the party will present such request/allegation to Dr. __________ who shall informally check on the matter and direct the parties to take whatever action she deems appropriate. Should Dr. __________ desire to seek the assistance/authority of the hearing officer, she may do so. Neither party shall file any complaint concerning such matters with either the __________ Intermediate School District, the Michigan Department of Education, the Office of Civil Rights of the United States Department of Education, or any other agency.

5. The hearing officer in this matter shall retain jurisdiction for the purposes set forth in this Agreement. Any request by Dr. __________ to the hearing officer to consider any matter or take any action shall be in writing with a copy directed to each of the parties.

6. It is the understanding of the parties that as a result of the terms of this Agreement, including the District's retention of Dr. __________ and its payment for her services, the parents' requests for an independent educational evaluation, compensatory education, tutoring fees, and a private school placement, arising prior to the end of the 1993-94 school year are fully satisfied. Further, all parent claims of alleged violations of IDEA and 504 by the District staff are resolved.

7. The parties have discussed and resolved as part of this Agreement the extent of the District's obligation to reimburse the parents for their attorney's fees and related costs incurred in this matter to the date this Settlement Agreement is signed.

Further, it is understood that from the date this Settlement Agreement is signed forward, the District shall not be obligated to pay any of the parents' attorneys fees and related costs during the period this Agreement is being implemented except those incurred in conjunction with any request by Dr. __________ to have the hearing officer intervene in this matter, or those incurred after and related to an appeal of the IEPC determination allowed under this Agreement.

8. This Agreement shall not be made a part of __________'s educational records. Rather, the findings and determinations of Dr. __________ as placed on the District's customary IEPC form, including the goals and objectives, shall be a part of his educational records as well as his evaluation and other reports being attached to and made a part of the 10/27/92 MET form.

Dated: __________________ By_________________________________

_______________, Parent

Dated: __________________ By_________________________________

_______________, Parent

BOARD OF EDUCATION OF THE SCHOOL
DISTRICT OF THE CITY OF _______________



Dated: __________________ By_________________________________

_______________
Director of Special Education