Five Key Ideas

Key Ideas - Talking Points

• Quick Guide to Special Education Dispute Resolution Processes for Parents of Children & Youth
• Meditation: Be Part of a Positive Process
• What to Expect at a Due Process Hearing
• What to Expect at a Resolution Session
• IEP Facilitation Video

Quick Guide to Special Education Dispute Resolution Processes for Parents of Children & Youth

Quick Guide

• This resource provides an outline for both parents and educators on what the different processes look like in relation to one another.
• When going through an IEP process, there may be disputes, or other actions that may need to occur. This resource provides an outline of information that will assist all that are involved on what would be the appropriate course of action
• The reason this resource is valuable, is that it provides a quick guideline to refer to when working to make specific decisions, both as a parent and as a school district.
• One benefit to the guide also shows how it could work as a ladder effect, working to try and come to a resolution before moving onto the next step

Quick Guide

• When disputes work their way into different courses of action, those involved may have many questions such as who makes the decision, who pays, why they would use that specific resolution or process, etc.
• The reason this resource is valuable, is that it provides a quick guideline to refer to when working to make specific decisions, both as a parent and as a school district.

Quick Guide

• One benefit to the guide also shows how it could work as a ladder effect, working to try and come to a resolution before moving onto the next step
• This helps in my professional practice by understanding the differences between the conflict resolutions, and how wecan work to inform parents necessary steps as needed

Mediation: Be Part of a Positive Process

Mediation

• Mediation is a conflict resolution that is voluntary and confidential
• Mediation helps to establish a posi-tive relationship between parents and schools through collaborative problem solving.

Mediation

• Mediation is a way for parents and/or school districts to come to an agreement before it escalates into a due process hearing. This is a tool that can be essential in resolving conflicts
• As an educator, mediation is something that I haven't had to go through, but good information to have in case a situation ever arises, and knowing how to handle it

What to Expect at a Due Process Hearing

Due Process

• A due process hearing is similar to a courtroom trial, though it usually takes place in a school conference room
• This can be one of the most complex areas of special education law
• A hearing officer will follow and make the decision on the case, while laywers from both sides present their issue

Due Process

• Pre-Hearing Disclosure
• Intro By Hearing Officer
• Parent Opening Statement
• School Opening Statement
• Parent Present
• School District Present
• Parent Closing Statement
• School Closing Statement
• Adjourn
• Decisio

Due Process

• As a professional, this process is one that I have not been familiar with. By understanding the process, the preparation should be easier to work through. I feel that this isn't something they talk about in the work place, unless it is currently happening, so having information on the concept is beneficial to all involved

What to Expect at a Resolution Session

Resolution Session

• Before due process, this is a mandatory meeting that takes place to try to work through conflict
• Unlike mediation, this is mandatory and not voluntary

Resolution Session

• Parents and school districts are encouraged to work to find common ground
• Unlike a final decision being made, this is more of a negotiation to avoid going through due process

Resolution Session

• As an educator, this information will be key when having a dispute that may not be resolved within the school, and mediation is not an option. Understanding what the school can provide and how to address that before going into the negotiation can be beneficial to all involved. The idea is that knowing what the process is before experiencing it is key

Facilitating An IEP

Facilitating an IEP

• A facilitator is a neutral individual that can be requested by either a school district or a parent
• The facilitator can create a positive atmosphere, and helps resolve conflicts that may arise
• Encourages communication
• They do not make decisions, not a member of the team, and does not chair the meetin

Facilitating an IEP

• A facilitator can be utilized to assist in trust building, tension reduction, and resolve conflicts during the IEP meeting and not having it escalate to another level
• They help with full participation of all team members, and can allow for all sides to be heard in terms of concerns, needs, etc

Facilitating an IEP

• As an educator, this is not something that I have heard or thought aboutin my career. The concept of an advocate is different than a facilitator, and having someone facilitate the meeting can be beneficial to all parties involved. One idea would be to discuss the option with parents when there is known issues that will possibly arise during the meeting, this way the issue can be resolved before it escalates to a court process.