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Additional Sample Settlement Agreement


STATE OF MICHIGAN
BOARD OF EDUCATION OF THE
____________ COMMUNITY SCHOOLS


___________________________________,
on behalf of their son ___________________,

Petitioners,

v

Hearing Officer
Vicki Wozniak

BOARD OF EDUCATION OF THE
____________ COMMUNITY SCHOOLS,

Respondent.

SETTLEMENT AGREEMENT


This Settlement Agreement is made between the ____________ Community Schools ("District") and ____________________________ ("parents"), parents of ____________.
On May 17, 23, and 30, 1995, an Individual Educational Planning Committee (IEPC) was held concerning ____________. The parents disagreed with its determination as well as whether it was conducted in accordance with IDEA's procedural requirements. On June 6, 1995, the parents requested a due process hearing. Ms. Vicki Wozniak was mutually selected to serve as the hearing officer.

A series of prehearing telephone conference calls were held by the hearing officer with the parties and their advocates during which, among other things, the issues in dispute and the relative positions of the parties were clarified. As a result of ensuing discussions, the parties have agreed to the following:

1. For the 1995-96 school year, ____________'s prior IEP implemented during the latter portion of the 1994-95 school year shall be continued (including completion of the attached transition plan) with the following clarifications or exceptions:

a. The "addendum" is deleted.

b. It will be implemented at one of the District's elementary schools, possibly not __________ Elementary, the specific school not being identifiable at this time. As soon as the school is identified, the parents will be advised in writing.

c. The transition plan shall be completed no later than four weeks after the commencement of the 1995-96 school year.

d. Adult supervision/assistance will be provided during mainstreamed activities to incorporate redirection, modeling, verbal prompting, and on-task behavior to facilitate ____________'s goals and objectives. Personal care issues will also be addressed.

e. A Circle of Friends will be established for ____________ facilitated by the school social worker.

f. The District shall request of the Oakland ISD, as soon as it can be scheduled, a technology evaluation to determine assistive technology supports. The District shall consult with the parents regarding the reasons for the request.

g. The District shall continue to provide the staff currently serving ____________ with training regarding sensory integration and Fragile X upon their request, or at the direction of their supervisors, and shall provide such training to any new staff serving ____________ in the future.

h. In reference to the motor activities mentioned at the bottom of page 2 of the 1994-95 IEPC, either the occupational therapist directly, or the LD teacher on a consultive basis with the occupational therapist, shall provide not less than five minutes per day of sensory integration activities.

2. Should either party believe the other is violating either a provision of this Agreement or ____________'s IEP, it shall first address the problem with the opposing party (i.e., the parents will bring it to the attention of the building principal, and if unsatisfied, central administration, and the District shall bring it to the attention of the parents). If there is no satisfactory resolution, the party, or their representative, shall have the right to request that the hearing officer address and rule upon the issue. In doing so, the hearing officer would conduct an informal investigation/hearing, the parties waiving any right to a formal hearing. Other than the minimal requirement of the hearing officer giving both parties the opportunity to advise her of their position, the hearing officer would have the discretion to conduct the informal investigation/hearing as she deemed appropriate, e.g., talking to the parties independently, holding a telephone conference call, holding an in-person conference, etc. She would provide the parties with a written ruling and the reasons for it. Neither party could file any complaint with any other agency concerning such alleged violations during the period of this Agreement.

3. If either party believes there has been a change in circumstances so as to necessitate a change in ____________'s IEP, the same process as described in paragraph 2 immediately above would also apply, i.e., the parties would first discuss the matter and if no satisfactory resolution was achieved, either could request that the hearing officer address it. Accordingly, during the period of this Agreement, rather than either party having the right to request another IEPC if they believed the agreed upon IEP was inappropriate or some additional program and service was needed, the issue would be brought to the hearing officer's attention and she, by the same informal process noted in paragraph 2 above, would decide the matter in writing.

4. Each party on a quarterly basis (i.e., on or about October 31, December 31, February 29, and April 30), shall advise the hearing officer briefly in writing as to how it believes ____________'s program is or is not progressing. Based upon those reports, the hearing officer may take such action as she deems appropriate, again addressing any issues which might arise utilizing the same process as described in paragraph 2 above.

5. In an attempt to establish a basis to avoid, and, if necessary, resolve any problems which might arise in the conduct of ____________'s three-year evaluation in the spring of 1996, and/or his IEPC for the 1996-97 school year to be held on or about May 1, 1996 (including any transition plan for the 1996-97 school year), either party shall have the right to bring the matter to the attention of the hearing officer. Again, using the same informal process described in paragraph 2 above, she shall decide the issue.

6. The request for hearing currently pending in this matter is withdrawn with the hearing officer retaining jurisdiction for all of those purposes noted above.

7. This Agreement may be modified or otherwise altered, but only by a written document noted as such and signed by both parties.

8. Upon the signing of this Settlement Agreement, it shall be forwarded to the hearing officer who, upon reviewing its terms, may enter a Decision approving its terms, including that she retain jurisdiction.

Dated: _________________ __________________________


_________________, Parent


Dated: _________________ __________________________


_________________, Parent


____________ COMMUNITY SCHOOLS


Dated: _________________By __________________________


_______________________,
Director of Special Education

STATE OF MICHIGAN
BOARD OF EDUCATION OF THE
____________ COMMUNITY SCHOOLS




_______________________________,

on behalf of their son ___________________,

Petitioners,

v

Hearing Officer
Vicki Wozniak

BOARD OF EDUCATION OF THE
____________ COMMUNITY SCHOOLS,

Respondent.

DECISION

This hearing officer has read the Settlement Agreement entered into by the parties in this matter dated _______________________________. I approve its terms and retain jurisdiction in this matter as provided in the Agreement, finding that it is in the best interest of ____________ for its provisions to be implemented. Further, given the circumstances here present, it is found that the procedures set forth in the Agreement providing that this hearing officer retain jurisdiction are warranted and approved, pursuant to this hearing officer's broad authority under the Individuals with Disabilities Education Act to fashion appropriate relief which will effectuate the purposes underlying IDEA.

Dated: ______________________________________________________
Vicki Wozniak, Hearing Officer

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