Conflict Resolution: An Overview

1. Conflict Resolution:An Overview A Parent Training Webinar September 11, 2012 Presented by Andrew Eulass Due Process Coordinator Illinois State Board of Education

2. We have two principal objectives today: • To give a detailed overview of each type of conflict resolution process available today in Illinois • To give you the ability to compare each type of conflict resolution and to decide which one might be the best for you if you encounter a conflict with your school district What We’ll Learn Today

3. Before pursuing a formal process such as Mediation, a State Complaint or Due Process, it may be worthwhile to ask yourself whether there are informal things you can do to address the problem you’re facing. • Informal steps can take a variety of forms: • Informal discussions with the head of the IEP team • Seeking a further conversation with the school district administration (primarily the director of special education) • Contacting the special education cooperative (if your district is in a coop). Informal Measures

4. Going through informal steps to resolve the dispute has two purposes: • To possibly reach a faster and more mutually acceptable solution to the problem • It will provide you with the ability to say to a Mediator, Complaint Investigator or Hearing Officer that you’ve done everything possible to resolve the matter on your own before using a formal process Informal Measures

5. When disputes arise between parents and school districts, the parties have three possible ways to resolve the dispute • Due Process Hearing Requests • Mediation • State Complaints Dispute Resolution

6. Each separate resolution mechanism has certain advantages and disadvantages in terms of time, effort and financial cost • Think carefully about the time, effort and cost associated with each mechanism before you decide to initiate it Dispute Resolution

7. Conflict Resolution Relationships

8. The Numbers

9. Due process hearings are designed to decide issues affecting the placement of individual children • The only parties entitled to file due process requests are parents/ guardians or school districts • Results in a legally binding decision on both parties, unless the decision is changed or overturned on appeal Due Process Hearing Requests

10. Parent requests may be filed based on any disagreement affecting any aspect of the student’s special education program • Parent requests must be in writing directed to the attention of the superintendent of the student’s home school district, setting forth the grounds for the request • Upon receipt of a parent request, the school district is responsible to convey the request to ISBE within five days of receipt • A request form for parents to start due process is found here: http://www.isbe.net/spec-ed/pdfs/dp_parental_19-86a.pdf Due Process Hearing Requests

11. School district requests can be based on only three issues: • Authorization to conduct a case study evaluation • Refusal to provide a school-financed independent evaluation • Authorization to place a student in an IAES Due Process Hearing Requests

12. Hearing officers • Are of various backgrounds (lawyers, teachers, diagnosticians, school administrators) • Appointed by ISBE on a random basis • Cannot have had a former association with the school district • Each party has one no-questions-asked right to strike a hearing officer within five days of notification of the appointment Due Process Hearing Requests

13. In 2004, IDEA added a 30-day resolution timeline prior to the triggering of the 45-day hearing timeline in due process disputes • Resolution process is only required in due process proceedings (no similar requirement in State complaints) • Requires an initial meeting between the parties to take place no later than 15th calendar day after a due process hearing is initiated • Parties have up until the 30th day after the initiation of the due process hearing to resolve the dispute under the resolution process format • Any agreement reached between the parties must be in writing and signed by each side. The agreement can be cancelled within 3 business days by either side in writing. • The agreement is enforceable in court. Resolution Process Rules

14. Pre-Hearing Conferences • Required conference between the hearing officer and the parties before the actual hearing can occur • Matters that are discussed in the conference: • Issues in dispute • The action(s) the parties want the hearing officer to order • Discussions concerning the witnesses and documents each party will use • Whether the parties will be using legal representatives or advocates at hearing • The scheduling of the hearing Due Process Hearing Requests

15. The Hearing • Five days prior to hearing, each side must submit a final witness list and the documents each side may use as evidence at the hearing • Occurs no sooner than fourteen days following the pre-hearing conference • Who goes first? Typically the side who filed the hearing request. • Witnesses (under oath) may be questioned, then cross-examined by the opposing party • A transcript of the hearing is maintained by a court reporter Due Process Hearing Requests

16. Hearing Officer’s decision will be issued in writing to the parties within 10 days of the hearing • Each party has a right to seek “clarification” of any aspect of the decision from the hearing officer in writing within seven days of the decision Due Process Hearing Requests

17. The non-prevailing party has a right to seek an appeal of the decision in either State or Federal Court within 120 days of the date of the decision • At the end of all proceedings, if the parent is the prevailing party, the parent has a right to seek recovery of attorneys fees from the district Due Process Hearing Request

18. Strengths • Suited to issues for individual students • Legally binding • Appeal rights • Allows for use of legal representatives or advocates • Weaknesses • Time consuming, especially with appeals • Can be very costly • Can be legally binding on you • Can result in bad feelings Due Process Hearing Requests

19. State-sponsored process designed to allow parties to resolve disputes through voluntary agreements • Agreements are put in writing and signed by the parties • Can be done regardless of whether due process or a complaint is pending Mediation

20. Both parties must agree to participate • Initiated by as little as a phone call to the ISBE • ISBE mediator is used to facilitate agreements between parties • Group discussions and “caucusing” Mediation

21. Differences between Mediation and Resolution Session • No mediator involved in resolution • No attorneys involved unless the parent choose to bring an attorney • Parties are responsible for drafting the agreement in resolution Mediation

22. Strengths • Can resolve issues before they go to due process or complaint • Quick and inexpensive • Non-adversarial – parties agree because they want to agree • Weaknesses • Voluntary – no means to compel the other side to do anything • Enforceability of the agreement is still subject to debate in Illinois Mediation

23. Process designed to resolve allegations that the rights of one or more students (or their parents) with disabilities are being violated • A complaint can be filed by any one with knowledge of the issues • Complaints are made in writing and filed directly with the ISBE • ISBE Complaint Form: http://www.isbe.net/spec-ed/pdfs/complaint_form.pdf State Complaints

24. An ISBE investigator may review documents, interview people and conduct any other appropriate investigation necessary to decide the issues in question • Decisions must be issued within 60 calendar days of the receipt of the complaint unless an extension of time is required because of compelling circumstances State Complaints

25. Decisions will specify detailed findings of violations and specific corrective actions which the school district must complete to address the findings • No formal appeals are provided under complaint rules • If a due process request is pending, the complaint will be put on-hold during the hearing process • The complaint investigator must defer to the decision of the due process hearing officer State Complaints

26. A parent may still file for due process after a complaint, but the decision of the investigator can be used as evidence at the due process hearing • On the flip side, if a parent files a complaint on an issue that was decided in due process, the investigator is bound by the decision of the due process hearing officer State Complaint

27. Strengths • Particularly useful when addressing systemic issues • Often quicker than due process • Usually far less costly than due process • Can be filed by any person with concerns about special education • Weaknesses • Somewhat limited opportunities for you to make your case • No appeals • May compromise your due process request if you file for due process on the same issues later State Complaints

28. Here are a few places where you can get more information on the topics we discussed today: • ISBE Educational Rights: • http://www.isbe.net/spec-ed/html/parent_rights.htm • CADRE • http://www.directionservice.org/CADRE/ • NICHCY • http://nichcy.org/laws Useful Resources

29. Andrew Eulass Due Process Coordinator Illinois State Board of Education aeulass@isbe.net 217-782-5589 Questions or Concerns? Feedback?