STATE OF ___________

BOARD OF EDUCATION OF THE ______ SCHOOL DISTRICT

_______________________,
on behalf of their son/daughter

_______________________,

Petitioners,

-and- ________________
Hearing Officer
BOARD OF EDUCATION OF THE
______________ SCHOOL DISTRICT,

Respondent.
____________________________________

MEMORANDUM OF AGREEMENT

This agreement is made between the [RO] School District ("School District"), and the parents of student, ____________________, namely, _______ and _______ ____________ ("Parents"). The request for a due process hearing was made on __________, 19___, by the Parents relative to their disagreement with the Individualized Education Planning Committee ("IEPC") decision of __________, 19___. The parents' disagreement with the IEPC at issue involves their child's school placement, appropriate programming, and least restrictive environment matters.

A prehearing conference was convened by the Hearing Officer on __________, 19___, at the School Board offices of the School District. The result of that conference is the basis of this Agreement.

All parties agree that:

1. The [OP] School District staff are currently conducting a customary three-year reevaluation of __________. The Parents and their representatives will as soon as possible provide to the [OP] School District those specific items regarding __________'s current performance, needs, or other related matters which they desire be addressed as part of this evaluation. This three-year evaluation is to be completed prior to the commencement of the trial period. As a result of this step and the provisions of paragraph 6 below, the Parents' request for an independent evaluation set forth in a letter to __________ from __________ dated __________, 19___, is fully satisfied; and

2. This "trial period" of education will physically occur at the [OP] High School, [OP] School District, where education personnel currently participate in a program where severely multiply impaired ("SXI") special education students are in a self-contained classroom and mainstreamed into a high school setting; and

3. The program of education will initially be a mix of programs in both special education and regular education settings, (i.e., a portion of the school day in the existing SXI self-contained classroom as well as portions of the day being integrated into general education classes). The "mix" shall be initially established and periodically adjusted by the mutual agreement of the parties in order for the [OP] School District to develop and/or evaluate the maximum extent to which __________ should be appropriately integrated into regular education settings up to and including the entire school day.

In the event the parties cannot agree upon the initial mix or any subsequent adjustments to the mix, the hearing officer shall be immediately notified and an informal conference scheduled with the parties and their representatives. The parties and their representatives shall informally present their relative positions to the hearing officer. The parties and the hearing officer may informally ask questions. The hearing officer, at the close of the conference, or shortly thereafter, shall decide the appropriate mix considering the purpose of this trial period and confirm such in writing to the parties. Both parties waive all rights which each may have to a more formal due process proceeding and related matters to the extent of the determination of the mix either initially or adjusted; and

4. This "trial period" will begin no later than the start of the 19___-__ school year unless the parties mutually agree otherwise, and will run through at least the first marking period for the fall 19___ semester in the [OP] School District. It is further understood that if the parties mutually agree additional time may be necessary, the trial period shall be extended but it should not exceed the end of the second marking period in the [OP] School District; and

5. Certain of the [RO] High School administrative staff shall become involved in this "trial period" process and other staff and students may do so. This is not intended to be a burden to such individuals, but as an "in-service" towards gaining knowledge about integrative education; and

6. A continuing re-evaluation/assessment of __________ and programming options is to be accomplished as an element of this "trial period." As a part of this process the [OP] School District agrees to reasonably involve (by way of participation in planning and/or problem-solving conferences, observations, or otherwise) and cooperate with such independent evaluator and curriculum development specialists the Parents choose. Should the Parents choose the Developmental Disabilities Institute (DDI), the district will pay costs up to $300 in accordance with a contract between DDI and district, in consultation with Parents. The Parents would bear any costs of DDI in excess of this amount and, should the Parents choose another evaluator/specialist, they shall bear that cost. The continuing reevaluation/assessment shall include __________ being evaluated for the feasibility of an integrated education in a general education environment; and

7. Periodic meetings and discussions between all interested parties will be scheduled in order to monitor the goals, objectives, progress, and events of this "trial period;" and

8. The summer of 19___ educational program will be determined during a meeting of Parents and school officials by __________, 19___. If the parties cannot agree on the program, the hearing officer shall decide the program to be provided utilizing the same type of informal conference set forth in paragraph 3 above; and

9. At or near the close of the trial period, the [RO] School District shall hold an IEPC to determine the appropriate placement for __________. If either the [RO] School District or the Parents disagree with the determination of the IEPC, it/they may request in writing a due process hearing in accordance with special education law and rules. The request shall be directed to the hearing officer within ten (10) days after the IEPC and he shall serve as the hearing officer; and

10. Should either party believe the other has in any way violated the terms of this agreement or special education rules while this trial period is being implemented, they must present such allegations to the hearing officer who shall hear and determine the same utilizing the same type of informal conference set forth in paragraph 3 above. During the trial period, neither party shall file any complaint or commence any alternative proceedings before any other agency regarding __________'s educational programming; and

11. The Parents' prior request for a due process hearing in this matter is held in abeyance in consideration of the arrangements set forth above as well as their right to reactivate their request for a due process hearing should they disagree with the determination of the IEPC at or near the conclusion of the trial period. The hearing officer in this matter shall retain jurisdiction while this agreement is in effect for those purposes noted above. Any request by either party to the hearing officer to consider any matter or take any action shall be in writing with a copy directed to the opposing party; and

12. Should the Parents reactivate their request for a hearing under item 11 above, the operative placement for the purposes of the "stay put" provision would be at the [OP] High School. The "mix" of the programming shall be mutually agreed upon by the parties given the experience of the trial placement. However, if the parties cannot agree on the mix, the Hearing Officer shall decide the interim placement utilizing the same type of informal conference set forth in paragraph 3 above; and

13. Any §504 (Vocational Rehabilitation Act) complaint/issue which may have arisen to date will not be pursued by the Parents at this time because the basis for their complaint is at this time resolved due to this Memorandum of Agreement. Any 504 complaint/issue which might arise during the course of, or at the end, of this trial period shall be raised by the Parents and submitted to the hearing officer. The hearing on such issues shall be consolidated within a hearing under the special education rules before the hearing officer except that he shall render separate decisions regarding issues arising under 504 and special education rules; and

14. It is understood that the [RO] School District shall not be obligated to pay any of the Parents' attorneys fees or related costs incurred prior to or during the period this agreement is being implemented. However, the Parents reserve all rights under the Handicapped Children's Protection Act of 1986 or otherwise regarding possible claims for attorneys fees and other related costs incurred in connection with any due process hearing held at the close of the trial period; and

15. This agreement shall not be made a part of _________'s educational records although the [RO] and [OP] School Districts shall consider it to be covered by the provisions of the Family Educational Rights and Privacy Act (FERPA) and its regulations.
Each of the undersigned, being parties to this due process hearing request, agree to all of the above and further agree to waive all statutory timelines and notices, while holding the due process hearing in abeyance throughout this "trial period."

__________________________Dated:_________________________

Parent of _________________________

___________________________ Dated:_________________________

Parent of __________________________

___________________________ Dated:__________________________
School District Representative