Illinois State Board of Education 2008 Special Education Directors Conference Marshall Peter CADRE July 31, 2008 Peoria, IL Early Dispute Resolution:

Illinois State Board of Education2008 Special Education

Directors’ Conference

Marshall PeterCADRE

July 31, 2008Peoria, IL

Early Dispute Resolution:

Session OutlineCADRE OverviewContinuum of Dispute Resolution OptionsOverview of Local Practice OptionsTwo Essential Communication StrategiesAdditional Resources

Illinois System of Dispute Resolution

(Draft)Stage I Stage II Stage III Stage IV Stage V

Stages of conflict

Prevention Disagreement Conflict Procedural Safeguards

Legal Review Levels of Intervention

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Assistance/ Intervention Options

IEP Facilitation (Under

Consideration)

Early Complaint Resolution

Parent Mentor Program

Interest-Based Negotiation Training (Idaho)

Idaho Department of Education, school districts state-wide, Idaho Parents Unlimited and Comprehensive Advocacy, Inc. jointly sponsor 40-hour training in interest-based negotiation.

Sharing The Commitment (Exceptional Student Education Department/District School

Board of Collier County, Florida Diagnostic and Learning Resource System, and Family Network on Disabilities)

Collaborative project created to foster effective partnerships between parents, schools, and the community

Advisory Committee meets bi-monthly during school yearProvides guidance, information, training and support to

educators, parents, and agencies on services and programs for students with disabilities

Sponsors workshops for all persons interested in services for students with disabilities

Specially trained parents and teachers called Parent Educator Exceptional Resources (PEERs) available to provide parents of students with disabilities with up-to-date information, resources and support.

IEP Support ParentSonoma County, SELPA, CA

Provided training for IEP Support Parents Role is to accompany families to IEP meetingsNot functioning as an advocate, can help in

understanding what is happening during the meeting and in educating with regard to rights and responsibilities

Family Service CoordinatorLane County, OR

Schools and other community funders support Family Service Coordinators at Direction Service

Family Service Coordinators facilitate family-centered interagency

collaborationsupport families and schools in preventing

and resolving disagreementswork to preserve positive working

relationships between families and schools and to engage nonschool community resources that can contribute to educational programs

First Call ProjectWashington, DC

FIRST CALL Project offers parents an opportunity to voice concerns regarding special education services before they seek outside assistance or file a due process action

Project is managed by an independent lawyer – the Concern Manager

Concern Manager listens to concerns, enhances communication between parents and school staff, guides parents through the evaluation process, and advocates for resources to address student needs

Parent HotlineKansas

School district in Kansas established parent hotline specifically for families of children with special needs

Coordinator of service assists parents and acts as an ombudsperson or liaison between the parent and the school district

Outside Resolution FacilitatorsIowa

Iowa employs a system of Resolution Facilitators at the local level

Facilitators are used outside of the IEP meeting

Facilitators may be either an individual from within the school district who is considered neutral to the conflict or an individual selected from outside the district in which the conflict has occurred

Solution Teams/PanelsSonoma County SELPA, CA/Two Intermediate Units, PA

Co-mediation model composed of a parent of a child with disabilities and an educator or administrator

Strategy builds safe, collaborative working relationships by fostering communication between families and school personnel

Models effective interactions by having a parent and district staff person collaborate to provide facilitation

Independent Child Advocate Program Sonoma County SELPA, CA

Resource available to parents and school districts when disagreements arise regarding the provision of special education services to a child with disabilities

Similar to ombudsperson, Independent Child Advocate does whatever is needed to resolve the dispute early; may include: a review of the student’s file, interviews, observations, meetings

Develop a report of findings and recommendationsAll parties meet and receive report of findings within

weeks of referral

TESTED TIPS FOR IEP MEETINGS:

What IEP Conveners Can Do (Pre-Meeting) Explain crucial nature of parent’s involvement and

what will happen at the meetingInvite parents to bring anyone they wishExplain who will be there from the school and why.

Ask the parents if anyone has been left outSchedule convenient time and location, and ample

time for meetingEstablish if parents need help with transportation or

childcareInvite parents to review relevant documents prior to

meeting, encourage classroom visitsKeep parents advised of progress on an ongoing basis

TESTED TIPS FOR IEP MEETINGS: What IEP Conveners Can Do (During Meeting)Make parents feel welcome

Greet at doorCup of coffee or beverage?Same size chairs for everyoneBrief pre-meeting chit-chat and acclimatization

Everyone introduce themselves and explain why they are thereEveryone addressed with the same degree of formality

Speak in clear, plain language – avoid jargon and discipline-specific terminology

Have specific materials available that are referred to

TESTED TIPS FOR IEP MEETINGS: What IEP Conveners Can Do (During Meeting)Focus on the child’s individualized needs – not your

program, classroom, or resource limitationsListen carefullyMaintain confidentiality – don’t discuss other studentsDon’t hurryBe honest and trust that the parent is alsoBe willing to say “I don’t know”Involve student for at least a portion of the meeting if

they can contribute and always if 18 or over

TESTED TIPS FOR IEP MEETINGS: What IEP Conveners Can Do (Post-Meeting)

Review and evaluateWhat workedWhat didn’tIncorporate into future meetingsConsider building meeting tip file for each child –

sources of anger, joy etc.Send home “thank you” noteWrite down specific suggestions about things

parents can do at home to help

Resolution Meeting Process ConsiderationsPreparation

Flexible scheduling, location, seating, refreshments Clarifying participation, purpose, setting a collaborative tone Reviewing student records

Convening Agree on agenda, clarity in purpose, confidentiality, ground rules, breaks Remove distractions, communicate effectively, manage time Fully examine issues, ensuring equity in participation If dynamics are at issue do something different (e.g. change representation,

rethink offer/demand, etc.) Clarify the LEA’s offer to resolve (in writing)

Implementation Clear agreement components (e.g., SMART – specific, measurable, attainable,

realistic, time-accountable; and legally enforceable in court) Legal review, withdrawal of DP complaint, follow-up

Resolution Meeting & Mediation: Components of Durable Agreements Clarify the issues and available options to resolve them Identify what participants will do, not what they won’t do Be specific: names, places, dates, times, amounts, actions Use impartial, non-judgmental language that is future

oriented Avoid reference to past problems or blame Avoid contingencies (e.g., "The school will do xyz if the

parents do abc”). Each discrete activity should stand on its own

Create conditions to monitor implementation of the agreement and modify together if needed

Review for legal enforceability in the state

“Seek first to understand, then to be understood.”

Stephen Covey, “Habit 5” Seven Habits of Highly Effective People

Publications• “Beyond Mediation: Strategies for Appropriate Early

Dispute Resolution in Special Education”• “Keys to Access: Encouraging the Use of Mediation

by Families from Diverse Backgrounds”• “Families and Schools: Resolving Disputes Through

Mediation (Case Studies)”• “Special Education Mediation: A Guide for Parents”• “Considering Mediation for Special Education

Disputes: A School Administrator’s Perspective”• “Educating Our Children Together: A Sourcebook for

Effective Family-School-Community Partnerships (CD)”

• “Resolution Meetings: A Guide for Parents”

• “The Involvement of Students in Their Special Education Mediations”

• “Parents and Educators Working Toward Mutual Solutions” (Video)

• “Facilitated IEP Meetings” An Emerging Practice”• “Considerations for Mediating with People Who Are

Culturally Deaf”• “The Role of Attorneys in Special Education

Mediation”•  “Using Participant Feedback to Evaluate and Improve

Quality in Mediation”• “Steps to Success: Communicating with Your Child’s

School”

Publications

Web-Based Resourceswww.directionservice.org/cadre

• Database of Professionals and Trainers/Consultants

• News, Articles & Training Materials• Mediation Under IDEA ‘04• Dispute Resolution Processes and Practices

Continuum • State Mediation Program Information• Español• Video

“Listening is probably the most cost effective element of a

conflict management system.”                                                         

       Mary Rowe