Special Education Mediation State Model

1
Special Education MediationState Model

• Delaware

Inter-American Summit on Conflict Resolution
Education Cleveland, Ohio, USA
March 14, 2007 Presented by Fran Fletcher and
Kathy Wian University of Delawares Conflict
Resolution Program
2
About Delaware

• TOTAL POPULATION _at_ 900,000
• White 75 - Black 20 - Other 5
• City of Wilmington 70,000 ?
• New Castle County 520,000?
• Kent County 140,000?
• Sussex County 170,000?
• 2040 Square Miles

3
Delaware Student Statistics

• 19 school districts
• 192 public schools
• 14 charter schools
• and a variety of public and private programs
• More than 120,000 public education students
• 51 have a learning disability (9,897)
• 11 have a cognitive impairment (2,193)
• 10 have another health impairment (1,934)

4
Conflict Resolution Program

• Established 1994
• University of Delaware
• Self-sustaining office
• Provide dispute resolution
• services throughout DE
• Education
• State and Local Government
• Nonprofits

5
CRP First Steps

• Conducted a statewide needs assessment re
  dispute resolution in education
• Offered customized dispute resolution trainings,
  facilitated problem solving, mediation, strategic
  planning and organizational development.
• DOE first customers

6
The Collaboration

• University of Delawares
• Conflict Resolution Program
• and
• Delaware Department of Educations
• Exceptional Childrens Team

7
SPARC

• Special Education
• Partnership for the
• Amicable
• Resolution of
• Conflict

8
SPARC
The project supports addressing conflicts at the
lowest possible level and build the capacity of
parents and school personnel to address and
resolve conflicts as they arise.
9
Delaware Hearing Statistics

• Number of hearings requested number of
  requests that were fully adjudicated
• 2004-2005 - 32 requests, 8 decisions
• 2005-2006 - 11 requests, 4 decisions
• 2006-now - 17 requests, 2 decisions
• What happened to the rest?
• Mediation
• Negotiated settlements
• Voluntary or involuntary dismissals
• Delaware Department of Education Statistics

10
Mediation Overview
11
Mediator Qualifications

• Complete the 18-hour SPARC basic mediation
  training or its equivalent from a qualified
  trainer.
• Complete the six-hour SPARC special education law
  workshop for hearing officers offered by DOE or
  an equivalent.
• Participate in six hours of instruction,
  annually, in mediation and/or special education
  law.

12
Mediator Qualifications

• Demonstrate knowledge in the laws and regulations
  relating to the provisions of special education
  and related services.
• Demonstrate effective mediation techniques with
  observation and feedback with an emphasis on
  facilitative process techniques and remain a
  neutral third party.
• Must not hold primary employment with a local or
  state education agency.

13
SPARC Mediation Statistics
14
Mediation Evaluation

• 1996-2006
• Actual Mediation Evaluation Results
• Responses 151
• Did this mediation result in an agreement between
  you and the other party?
• Yes (125) No ( 20 ) Somewhat ( 1 ) No
  Answer ( 5 )
• Overall, how satisfied were you with the results
  of mediation?
• Very Satisfied (19) Satisfied (114)
  Neutral (7) Dissatisfied (5)
• Very Dissatisfied (1) Not Sure (3) No
  Response (2)
• Based on this experience, would you contact CRP
  and request mediation services for future special
  education disputes?
• Yes (122) No ( 2 ) Dont Know ( 1 )
  Maybe ( 1 ) No Response ( 25 )

15
Research

• 2000
• Enhancing the Collaborative
• Capacity of Individualized
• Education Programs (IEPs)
• in Delaware Schools

16
Research Methodology

• Hired external consultant to work with CRP
• Focus group data from past SPARC training efforts
• Survey data from Special Education Supervisors
• Additional 6 months of school assessments in five
  school districts
• Observational and participant feedback data from
  IEP meetings

17
IEP Meeting Observation

• Technical Expertise
• Purpose/Goals of Meeting
• Neutral, Encouraging Language
• Student History/Performance
• Non-Verbals
• Relationship/Trust
• Use of the IEP Form
• Special Issues
• Conflicts/Impasse
• Questioning, Active Listening/Communication
• Greetings/Introductions
• Materials/Preparation

• Pace
• Participants
• Annual Goals/Objectives
• Post-Meeting Follow Up
• Action Planning
• Consensus Building/Decision Making
• Team Roles
• Room set up Seating
• Mtg Debrief/Reflection/Eval
• A/V Resources
• Brainstorming
• Participation Formats

18
Research Findings

• While requests for due process mediation are
  minimal, anecdotal evidence from schools,
  families family advocates suggests that
  collaboration remains elusive in special
  education.

19
Research Findings

• Limitations to collaboration in the IEP process
  present themselves throughout the perceived
  legalistic quality of required forms
  safeguards, abbreviated IEP meetings, attendance
  by general special education teachers who are
  not brought into the process meeting
  facilitators untrained in basic collaborative
  processes.

20
Research Findings

• Limitations are further exacerbated when
  families advocates are distrustful of the
  people processes involved with IEPs or simply
  uncomfortable with the process.

21
Ten Realistic Ways to Build Collaboration in
Individualized Education Program (IEP) Meetings

• Training and coaching provided through the
• Special Education Partnership for the Amicable
• Resolution of Conflict (SPARC)
• a program of the Conflict Resolution Program
• in cooperation with the Delaware Department of
  Education

22
Nine Training Session Options

• Introduction to the Mediation Process
• Facilitation 101
• Your Conflict Management Style
• Where do These Parents Come From?
• Resolving Difficult Dynamics and Conflict in IEPs

• Are You Hearing Me?
• Brainstorming and Problem Solving?
• Decision Making and Action Planning
• A/V and the IEP
• IEP Coaching

23
Why would a room full of educated, caring
professionals, who come together to focus on the
welfare of a child, need a facilitator?
24
Resolving at the Lowest Level
IEP Facilitation
Resolution Meeting
Due Process
Keeping the Team Intact
25
And, last but not least.
someone to manage the event.
26
May / May Not be an IEP Team Member

27
And the Facilitator is.
External?
Internal?
Advantages Neutral to the outcome Fresh set of
eyes Addresses power imbalances Manages bad
behavior and high emotion
Advantages Knows team members Knows
system Anticipates problems resolve before
meeting begins
Disadvantages Role confusion/expectation No
follow-up No control over participants or the
system
Disadvantages Knows team members Knows
system You are an employee
28

Additional Advantages of Using an
External Facilitator

• Neutral Perspective
• Ask stupid questions
• Not tied to outcome
• Agenda is inclusive
• No dual roles
• Power Imbalances
• Deal with emotions
• Full participation
• Address bad behavior
• Advantages to taking the heat

29
The External IEP Meeting Facilitator
IS NOT

• A member of the team, therefore,
• does not, suggest, impose or participate in
• team decisions or solutions
• A legal expert
• An advocate
• An arbitrator

30
Teams May Request a Facilitator When

• History
• Communication
• Requested
• Apprehension
• Focus
• Multiple meetings

31
IEP Facilitator
Primary responsibility is to the process of the
meeting rather than the content or outcome.
32
Process vs. Content

• Process deals with
• Communication
• Problem solving
• Participation
• Agenda items
• Gaining agreement
• Relationships
• Understanding
• Timing

• Content deals with
• Evaluation
• Assessments
• Legal rights/the law
• Opinions
• Records
• Data
• Ideas
• Information

33
Facilitator Qualities

• EXCELLENT COMMUNICATION SKILLS
• FACILITATIVE LEADERSHIP STYLE
• PATIENT AND COMPOSED
• OBJECTIVE AND NEUTRAL

34
Benefits
Sustained IEP
35
Mediation vs. IEP Meeting Facilitation

• The differences are
• The similarities are

36
Overview Per Year
University of Delaware
2000-01 2001-02 2002-03 2003-04
2004-05 2005-06 2006-
37
Impact on DP Mediation
University of Delaware
2000-01 2001-02 2002-03 2003-04
2004-05 2005-06 2006-
38
Challenges

• Parent
• Repeat Requests
• Understanding Role
• Realistic Time Frame
• Asking for Assistance
• Parent Requests

• School District
• Repeat Requests
• Understanding Role
• Realistic Time Frame
• Asking for Assistance
• School Requests

• Wait for Crisis
• Team Preparation
• Supporting All
• Cant Change
• Follow Up

39
IEP Meeting Facilitation Evaluations

• 2000-2005
• Actual IEP Meeting Facilitation Evaluation
  Results
• Responses 85
• Goals of the meeting
• Poor 1 ( 2 ) 2 ( 6 ) 3 ( 11 ) 4(
  27 ) 5 ( 39 ) Good
• (Conflicting unclear (Clear,
  shared by all,
• diverse, unacceptable) endorsed
  with enthusiasm)
• Content of the meeting
• Poor 1 ( 5 ) 2 ( 9 ) 3 ( 16 ) 4 (
  26 ) 5 ( 29 ) Good
• (Not instructional I did not (I
  learned a lot was
• learn much not informative
  informative Ill be able to
• content to use the content
  content
• too much process not
  appropriate to our needs)
• enough content)
• Relationship among meeting participants
• Poor 1 ( 6 ) 2 ( 9 ) 3 ( 22 ) 4 (
  23 ) 5 ( 25 ) Good
• (My relationship with them is the
  (Our relationship is much

40
Next Logical Step

• Training school and district personnel to run
  more effective IEP meetings.

41
IEP Training

• Intended Outcome
• Trained personnel would become in-house
  resource
• share skills with team members
• facilitate challenging meetings

• Outcome
• Trained personnel did not have time to
  incorporate
• no training occurred
• limited time to travel between schools
• changed jobs

42
The New Hot Topic
10/50
43
Designing the System
Volunteers
DOE
Parents

Retired School Personnel
Grants
Districts
Mediators
Advocates
44
Lessons Learned

• Clear Policies Procedures
• Intervening Agency
• How to Fund Requests
• Districts Have Financial Investment
• Advocacy Groups
• People Just Want To Be Heard

45
IDEIA 2004

• Resolution Meeting

1
46
Policy Supports Challenges

• Informal Policy Supports
• DOE Staff and Director
• Formal Supports
• IDEA
• NCLB
• Challenges
• New Federal and State Mandates

47
Thank You

• Conflict Resolution Program
• University of Delaware
• 177 Graham Hall
• Newark, DE 19716
• Website www.ipa.udel.edu/crp
• Fran Fletcher Kathy Wian
• 302-831-6812 302-831-2927
• FranF_at_udel.edu KWian_at_udel.edu