Early Dispute Resolution:

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

2. Session Outline • CADRE Overview • Continuum of Dispute Resolution Options • Overview of Local Practice Options • Two Essential Communication Strategies • Additional Resources

4. Illinois System of Dispute Resolution (Draft) IEP Facilitation (Under Consideration) Parent Mentor Program Early Complaint Resolution

5. 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.

6. 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 year • Provides 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.

7. IEP Support ParentSonoma County, SELPA, CA • Provided training for IEP Support Parents • Role is to accompany families to IEP meetings • Not functioning as an advocate, can help in understanding what is happening during the meeting and in educating with regard to rights and responsibilities

8. Family Service CoordinatorLane County, OR • Schools and other community funders support Family Service Coordinators at Direction Service • Family Service Coordinators • facilitate family-centered interagency collaboration • support families and schools in preventing and resolving disagreements • work to preserve positive working relationships between families and schools and to engage nonschool community resources that can contribute to educational programs

9. 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

10. 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

11. 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

12. 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

13. 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 recommendations • All parties meet and receive report of findings within weeks of referral

14. 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 meeting • Invite parents to bring anyone they wish • Explain who will be there from the school and why. Ask the parents if anyone has been left out • Schedule convenient time and location, and ample time for meeting • Establish if parents need help with transportation or childcare • Invite parents to review relevant documents prior to meeting, encourage classroom visits • Keep parents advised of progress on an ongoing basis

15. TESTED TIPS FOR IEP MEETINGS: What IEP Conveners Can Do (During Meeting) • Make parents feel welcome • Greet at door • Cup of coffee or beverage? • Same size chairs for everyone • Brief pre-meeting chit-chat and acclimatization • Everyone introduce themselves and explain why they are there • Everyone 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

16. 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 limitations • Listen carefully • Maintain confidentiality – don’t discuss other students • Don’t hurry • Be honest and trust that the parent is also • Be 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

17. TESTED TIPS FOR IEP MEETINGS: What IEP Conveners Can Do (Post-Meeting) • Review and evaluate • What worked • What didn’t • Incorporate into future meetings • Consider building meeting tip file for each child – sources of anger, joy etc. • Send home “thank you” note • Write down specific suggestions about things parents can do at home to help

18. Resolution Meeting Process Considerations Preparation • 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

19. 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 xyzif 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

20. “Seek first to understand, then to be understood.” Stephen Covey, “Habit 5” Seven Habits of Highly Effective People

21. 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”

22. Publications • “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”

23. 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

24. “Listening is probably the most cost effective element of a conflict management system.”                                                                Mary Rowe