The Office for Dispute Resolution (ODR)

1. The Office for Dispute Resolution (ODR)

2. The Office for Dispute Resolution (ODR)Who Are We? • Funded by the Department of Education (PDE) • Meets federal requirement of having due process and mediation available to parents and local education agencies

3. ODR Optional activities NOT federally mandated: • Special Education ConsultLine • Call Resolution Process (CRP) • IEP Facilitation • Resolution Meeting Facilitation • Creating Agreement Training • NEW: Evaluative Conciliation Conference (ECC) Pilot

4. ODR Resources available to assist constituents: • New and improved ODR website • Dispute Resolution Manual • On-line request submission and activity evaluation • Informational videos • Brochures/Fact sheets • Links to state and federal resources • Link to CADRE • Bilingual specialist to assist callers • Parent Guide (NEW)

5. ODR Video Resources available: • The Mediation Process • IEP Facilitation • Resolution Meeting • Procedural Safeguards Notice • Resolution Meeting Facilitation • Mock Due Process Hearing • Introduction to Special Education Law • Motions Practice in a Due Process Hearing • Procedural Safeguards Notice – audio version

6. ODR More Video Resources available on new ODR website: • A Tale of Two Conversations • Hearing Officer Introductory videos • 4-Part Video Series on Preparing for Due Process • Pre-hearing Matters • Exhibits and Witnesses • The hearing itself • Tips on Participating in due process

7. Exemplar State • Pennsylvania is only one of four states selected by CADRE (with approval by OSEP) as an “exemplar state” in the area of special education dispute resolution.

8. Disclaimer… Local Education Agency (LEA) = • EI Preschool Program • School District • Intermediate Unit • Charter/Cyber School

9. Mediation

10. Important things about mediation • The decision to use mediation is voluntary for disputes regarding a student’s program or placement. • It is a process that depends on the willingness of the parties to discuss their concerns openly and honestly. • Mediation agreements are binding in a court of law.

11. Important things about mediation • All other rights and responsibilities under special education law, such as the right to a due process hearing, stay in place whether or not mediation is utilized. • Focuses on mutual-problem solving, is generally less stressful, less expensive, and usually less time-consuming to complete than a hearing.

12. Participants in Mediation • Parents may invite 2 other participants • The LEA may bring 3 participants – including someone who can commit resources • Attorneys do not participate

13. Mediation • ODR arranges time, date and place of the mediation, assigning mediator and paying all mediator fees and expenses. • Except for mediations involving Gifted only children, no cost to parties except for payment of fees for any guests they invite to participate.

14. Mediation: OCDEL Infants/Toddlers • If parent requests mediation, the Infant/Toddler EI program must attend • Mediation must be scheduled and held within ten days of receipt of request • If mediation is successful, OCDEL receives a copy of signed agreement • No established timelines for preschool • Ages 3-5

15. Mediation Process • Opening Statement • Joint Session • Caucus • Joint Session • Agreement Writing

16. Mediation Statistics • More than 400 requests each year • Majority of requests go to mediation • Between 77-84% agreement rate each year

17. Mediators – Who Are They? • Independent contractors • Must have experience as a mediator • Must have knowledge of special education law • Contractors are diverse group that includes mediators, attorneys, consultants, former educators, therapists, professors

18. Due Process

19. Due Process • Can be requested by either the parent or LEA, with majority of requests from parents • For children who are or are thought to be child with disability, or • For students who are or may be gifted, or • For protected handicapped students under Chapter 15/504 service agreement

20. Due Process Hearing can be Requested for Disputes Surrounding… • Identification • Evaluation • Educational placement • Provision of a free appropriate public education (FAPE)

21. ODR Hearing Officers… • Are impartial and are proficient in special education law. • Possess the knowledge and ability to conduct hearings and write decisions according to standard legal practice.

22. Hearing Officers – Who Are They? • 6 Full-time • 5 Attorneys • 1 Psychologist • 1 Independent Contractor to oversee cases involving Gifted only children • 1 Independent Contractor to oversee overflow/conflict cases

23. Resolution Meeting • IDEA 2004 states that when parents initiate due process, the LEA must hold a meeting with the parent within 15 days unless both sides agree to waive the meeting or use mediation. • ODR is responsible to track this information and forward to BSE for compliance review.

24. Due Process Hearing Evidence • Exhibits (exchanged by the parties) • Sworn Testimony (taken down by a court reporter)

25. Hearing Officer Decisions Based on… • Evidence • Findings of Fact • Credibility determinations • Conclusions of law

26. Due Process Statistics • Fiscal Year 2011-12 had 859 requests • Large majority cancel prior to full adjudication due to • Parties reaching agreement • Resolution Meeting agreements • Withdraws by requesting party

27. Due Process Most Common Issues • Compensatory education • Evaluation • IEP issues • Placement • Identification • Eligibility

28. Now Let’s Look at the Other Early Dispute Resolution Processes • Special Education ConsultLine • Call Resolution Process (CRP) • IEP/IFSP Facilitation • Resolution Meeting Facilitation • Evaluative Conciliation Conference (ECC) • Creating Agreement Training

29. Special Education ConsultLine • Toll-free service established in 1995 by PDE • Became a service of the Office for Dispute Resolution in 2000 • Annually serves 3,000-4000 parents and advocates of children with disabilities by providing information and assistance with special education-related issues. • Provides access to the state complaint process and information about special education laws, rights, and protections/procedural safeguards • Vast library of resources • At times, provides intervention/early dispute resolution between parent and school using the Call Resolution Process (CRP)

30. About the Specialists • ConsultLine is staffed by 4 specialists who have at least a bachelor’s degree plus field experience in education, special education or a related human services field. • One specialist is bilingual (English/Spanish). • Specialists possess analytical ability and research skills. • Ongoing staff development and training to keep informed of regulations and best practice.

31. How ConsultLine Works • 1-800-879-2301 • Callers use the toll-free number to leave a message, providing brief explanation of concern and leaving convenient times for Specialists to return call. • Specialists return calls between 8:00 AM and 5:00 PM Monday through Friday. • Calls returned in an equitable manner. • Specialists attempt to return calls at least 3 times over the course of 3 business days.

32. Types of Calls • Compliance: “My child’s IEP calls for speech three times a week. The speech therapist is on maternity leave and he hasn’t had services for two months!” • Rights : “My district said my child is not eligible for an IEP and I disagree with them. I want a second opinion.” • Clarification: “ My advocate tells me I can choose to not have my child receive special education….is that true?” • Process: “I think my child needs an IEP; how do I ask for an evaluation?”

33. Types of Calls • Disagreement: “I don’t think my child has made progress with this IEP. What are my options?” • Materials and Resource Requests: State forms; publications; referrals to Parent Training and Information Center (PTIC) or other public agency. • Bullying – “My child has Asperger’s Syndrome and is being bullied on the playground.” • Section 504 - “My child doesn’t need an IEP but has ADHD and I think it’s affecting his/her ability to follow directions and complete assignments on time.”

34. Types of Calls • Mental Health – “Can you explain the difference between a TSS and classroom aide? Would my child qualify for a TSS?” • Gifted/Specific Learning Disability (SLD) – “My son has an IQ of 140 and yet is failing English Lit. class. I think it’s because of all of the heavy reading assignments. I’m afraid he might want to drop out if things don’t turn around.” • Equitable Participation – “I want my child to receive extra help for reading. I think she may have a disability but the private school said they’re not equipped to handle special needs like hers.”

35. Call Resolution Process (CRP) • The Call Resolution Process (CRP) facilitates the possibility of early resolution of compliance related concerns. • CRP is an e-mail notice, sent by the Specialist with the parent’s permission, to the chief special education administrator of the LEA. The message relays the parents’ stated concerns and proposed resolution. • The BSE Regional Advisor and Division Chief are copied on the e-mail notice.

36. CRP Procedures Before CRP is offered, the Specialist: • Provides information about state and federal requirements based on the issue reported; • Discusses local efforts and options for addressing concerns; • Explains the process for filing a state complaint; • Determines whether or not the issue meets criteria to offer CRP.

37. CRP Procedues • The LEA manages the e-mail information however it deems appropriate; the Specialist’s role in CRP is complete once the email has been sent. • BSE advisor contacts the LEA with a follow-up inquiry. • The parent may be contacted by the LEA and/or the BSE advisor.

38. CRP: Examples of Issues • IEP non-implementation • Timeline violations • Discipline rule violations • Child out of school • lack of notice provided to the parent • Lack of consent • Parent was not informed of student’s progress as required by the IEP • Behavior plan is not being followed.

39. IEP/IFSP Facilitation

40. IEP/IFSP Facilitation • Voluntary process for times when parties agree that presence of neutral person will assist them in discussing IEP/IFSP issues • Typically used when communication has been hampered or stalled • IEP/IFSP Facilitator helps to create atmosphere for fairness and successful drafting of IEP/IFSP

41. IEP/IFSP Facilitation is….. • Free for IDEA-related claims • Completely voluntary • Unless BOTH sides agree to a facilitator, IEP/IFSP Facilitation will not take place.

42. IEP/IFSP Facilitation….. • Does not usurp the role of the IEP/IFSP team; the LEA continues to lead the meeting • IEP/IFSP team (not ODR) sets date for meeting, and provides invitation to participate to parents • Does not result in the facilitator becoming a team member

43. Role of Facilitator • Not a member of the team • IEP/IFSP team owns the IEP or IFSP • Facilitator’s role is only to enhance communication and to help sides address disagreements or conflict relating to IEP or IFSP only • Facilitator offers no technical assistance or input regarding content • Facilitator sits in silence if parties are moving forward

44. Role of Facilitator An IEP/IFSP Facilitator is like a referee… If the game is going well, there is not much need for interference. At other times, the referee’s responsibility is to get more involved to ensure fair play and to keep the game moving.

45. Benefits of IEP/IFSP Facilitation • Helps to improve relationships among IEP/IFSP team members and between parent and the LEA • Opportunities to resolve conflicts as they arise • Encourages parents and the LEA to identify new options • More cost-effective procedure than formal due process • Less stressful than formal due process • Allows all parties to participate fully in IEP or IFSP process

46. Resolution Meeting Facilitation

47. Resolution Meeting Facilitation • The LEA and parent may have trouble reaching agreement at the meeting because dispute already exists. • CADRE is the agency committed to alternate dispute resolution activities. • CADRE expressed an interest in states willing to provide facilitators at resolution meetings. • ODR accepted the challenge and now offers this cutting-edge early dispute resolution tool.

48. Resolution Meeting Facilitation • Available for all parent-initiated due process requests involving a child with a disability • Voluntary and FREE for both sides • The LEA and parent schedule the meeting; ODR arranges for the facilitator • If agreement is reached and issues resolved, the parent can ask the Hearing Officer to withdraw the due process request.

49. Role of the Facilitator • Helps the parties focus on the child’s needs. • Helps to maintain open communication among all parties. • Clarifies points of agreement and disagreement. • Maintains impartiality. • Does not impose a decision for the group • May help the parties write an agreement.

50. Benefits of Resolution Meeting Facilitation • Builds and improves relationships • Provides opportunities for parties to resolve conflicts which could remove the need for due process • Encourages parents and professionals to identify new options • Typically less stressful than a due process hearing