Effective Dispute Resolution Systems and the Vital Role of Stakeholders Region 4 PTAC Summer Working Meeting June 24-25, 2015 Traverse City, Michigan Philip Moses Associate Director
The human brain is a wonderful organ. It starts to work as soon as you are born and doesn't stop until you get up to deliver a speech." -- George Jessel Toastmaster General of the United States
This presentation will highlight: 1. Fundamental attributes of exemplary state special education dispute resolution (DR) systems 2. DR system improvement through IEP Facilitation implementation efforts in Region 4 states 3. How parents can review and understand their state s dispute resolution data 4. Explore parent center staff perceptions of their State s dispute resolution system 3
CADRE Continuum of Processes & Practices
November 2005: IEP Facilitation: Present Status Existing state-wide FIEP programs = 10 November 2015: Existing state-wide FIEP programs = 29 State-wide FIEP programs in development = 6 States exploring state-wide FIEP programs = 5 LEA-specific FIEP availability sponsored by SEA = 2 No SEA-level FIEP involvement = 10
WA MT ND ME OR ID SD MN WI NY VT NH MA CA NV UT WY CO NE KS IA MO IL MI OH IN KY WV VA PA DE MD NJ RI CT DC AZ NM OK AR TN SC NC MS AL GA TX LA FL AK HI States Offering IEP Facilitation in 1997 2017 2014 2004 1996 2009
CADRE IEP Facilitation Intensive Technical Assistance Workgroups Region 4 Workgroup States Workgroup #1 (2011-2014): Illinois & Ohio (Other regions: CT, ID & TX) Workgroup #2 (2014-2017): Missouri (Other regions: AK, FL, GA, NJ, NY, & WV)
Ohio DOE Office for Exceptional Children Objectives Engage a broad range of stakeholders in the process of improving the facilitation program. Increase confidence in the OEC and its dispute resolution system, including the facilitation program and practitioners. Explore various avenues of marketing and communication regarding the facilitation process. Reduce state complaints and due process by encouraging the use of facilitation. Make improvements to the facilitation program, including refining facilitator qualifications, skills, and training needs. Review and analyze how states are evaluating facilitation systems processes, procedures, and practitioner performance.
Significant Milestones and Accomplishments OEC expanded facilitation services to all special education-related meetings, and rebranded the program. Engaged stakeholder group in thorough evaluations of operations and efficacy for facilitation program and facilitator panel. Presented regularly at State Support Team meetings to increase awareness and support for facilitation. Developed new professional development requirements for facilitators 20 hours of special education-related self-study within two years, in addition to OEC training. Added three new practitioners to the facilitator panel, and provided training to all by a nationally recognized trainer.
Future Activities and Desired Outcomes Assessing facilitator training needs and revising training protocols in collaboration with stakeholders. Revising materials: info sheet; RFP for recruiting and hiring facilitators; facilitated meeting agreement form; participant evaluation tool. Changing name of OEC section from Procedural Safeguards to Dispute Resolution, to reflect the programmatic shift. Including facilitation as suggested activity in state complaint corrective action plans, where appropriate. Enhancing OEC website to include facilitation program among DR options. Increasing the number of stakeholders involved in developing materials and processes related to the statewide facilitation program. Improving schools and families communication and conflict resolution skills, toward better outcomes for students with disabilities. Using case management and data collection to track use of facilitation and outcomes.
Illinois School Board of Education Objectives Engage a broad group of stakeholders throughout the development and implementation of the statewide IEP facilitation system. Encourage the use of IEP facilitation to resolve disputes early, leading to stronger school-family relationships. Develop a website and outreach materials to disseminate information broadly about IEP facilitation. Secure highly qualified state-sponsored IEP facilitators and trainers. Conduct pilot programs in several districts across the state.
Significant Milestones and Accomplishments Forming an ISBE internal IEP facilitation workgroup that meets regularly to work on the system and associated processes. Gathering and reviewing information on how different states implement IEP facilitation. Convening an external stakeholder group with district and parent representation, which met throughout the year as the system was being developed. Developing an overview and process for Illinois statewide IEP Facilitation System in collaboration with stakeholders. Preparing a promotional flyer which was inserted into the 2014 Special Education Directors Conference program. Conducting a statewide survey to measure district interest in participating in the pilot program - 25 districts indicated interest in participating. Issuing a request for sealed proposals for an IEP facilitation training entity/contractor.
Future Activities and Desired Outcomes Developing outreach and procedural materials: Q&A; brochure on preparing ; facilitation/mediation process comparison chart; IEP facilitator job description; IEP facilitator self-assessment tool; forms to request and evaluate IEP facilitation. Securing highly qualified state-sponsored IEP facilitators. Pilot in urban and rural districts with varying levels of DR activity, evaluate performance, and make adjustments prior to statewide implementation. Connect IEP facilitation data collection and tracking to existing data system. Post IEP facilitation resources to ISBE web pages. Develop local-level capacity, training, materials for district staff/parents. Continue to solicit feedback from participants and stakeholders, and work to ensure satisfaction with statewide IEP Facilitation System and process. Increase use of IEP facilitation in lieu of formal DR processes.
Goals of the Exemplar Initiative Identify high-performing dispute resolution systems Catalog the features that contribute to their success Support state system improvement
Common Features of Exemplary State Dispute Resolution Systems (Iowa, Oklahoma, Pennsylvania, Wisconsin) High levels of stakeholder involvement Stakeholder training (especially Creating Agreement, developed by the IDEA Partnership, CADRE & others) Use of upstream and especially facilitated processes Access to technical and content expertise Active participation in CADRE Communities of Practice Effective evaluation and improvement of DR processes Thorough documentation of state DR systems
Iowa The CADRE Continuum of Processes and Practices (Iowa s Dispute Resolution Options in Bold)
Wisconsin The CADRE Continuum of Processes and Practices (Wisconsin s Dispute Resolution Options in Bold)
Ohio The CADRE Continuum of Processes and Practices (Ohio s Dispute Resolution Options in Bold) Prevention Disagreement Conflict Procedural Safeguards Legal Review Assistance / Intervention Options Parent Engagement Participant & Stakeholder Training Stakeholder Council Collaborative Rule Making Parent-to-Parent Assistance Case Manager Telephone Intermediary Facilitation Mediation Models Ombudsperson Third-Party Opinion/Consultation Resolution Meeting Mediation Under IDEA Written State Complaint Due Process Complaint (Hearing) Hearing Process (Tier II) Litigation Legislation Policies, Guidance, Resources, Services, Models & SSTs Parent Mentors & OCECD SSTS & Early Complaint Resolution Specialist Sandy Kaufman State Advisory Panel for Exceptional Children General Supervision Ad Hoc Committee Resolution Meeting Facilitation Administrative Reviews Meeting Facilitation
Illinois The CADRE Continuum of Processes and Practices (Illinois Dispute Resolution Options in Bold) Prevention Disagreement Conflict Procedural Safeguards Legal Review Assistance / Intervention Options Parent Engagement Participant & Stakeholder Training Stakeholder Council Collaborative Rule Making Parent-to-Parent Assistance Case Manager Telephone Intermediary Facilitation Mediation Models Ombudsperson Third-Party Opinion/Consultation Resolution Meeting Mediation Under IDEA Written State Complaint Due Process Complaint (Hearing) Hearing Process (Tier II) Litigation Legislation Developing
Indiana The CADRE Continuum of Processes and Practices (Indiana s Dispute Resolution Options in Bold) Prevention Disagreement Conflict Procedural Safeguards Legal Review Assistance / Intervention Options Parent Engagement Participant & Stakeholder Training Stakeholder Council Collaborative Rule Making Parent-to-Parent Assistance Case Manager Telephone Intermediary Facilitation Mediation Models Ombudsperson Third-Party Opinion/Consultation Resolution Meeting Mediation Under IDEA Written State Complaint Due Process Complaint (Hearing) Hearing Process (Tier II) Litigation Legislation
Michigan The CADRE Continuum of Processes and Practices (Michigan s Dispute Resolution Options in Bold) Prevention Disagreement Conflict Procedural Safeguards Legal Review Assistance / Intervention Options Parent Engagement Participant & Stakeholder Training Stakeholder Council Collaborative Rule Making Parent-to-Parent Assistance Case Manager Telephone Intermediary Facilitation Mediation Models Ombudsperson Third-Party Opinion/Consultation Resolution Meeting Mediation Under IDEA Written State Complaint Due Process Complaint (Hearing) Hearing Process (Tier II) Litigation Legislation Skill Building Workshops Facilitation
Minnesota The CADRE Continuum of Processes and Practices (Minnesota s Dispute Resolution Options in Bold) Prevention Disagreement Conflict Procedural Safeguards Legal Review Assistance / Intervention Options Parent Engagement Participant & Stakeholder Training Stakeholder Council Collaborative Rule Making Parent-to-Parent Assistance Case Manager Telephone Intermediary Facilitation Mediation Models Ombudsperson Third-Party Opinion/Consultation Resolution Meeting Mediation Under IDEA Written State Complaint Due Process Complaint (Hearing) Hearing Process (Tier II) Litigation Legislation Facilitated Education Planning Team Meetings
Missouri The CADRE Continuum of Processes and Practices (Missouri s Dispute Resolution Options in Bold) Prevention Disagreement Conflict Procedural Safeguards Legal Review Assistance / Intervention Options Parent Engagement Participant & Stakeholder Training Stakeholder Council Collaborative Rule Making Parent-to-Parent Assistance Case Manager Telephone Intermediary Facilitation Mediation Models Ombudsperson Third-Party Opinion/Consultation Resolution Meeting Mediation Under IDEA Written State Complaint Due Process Complaint (Hearing) Hearing Process (Tier II) Litigation Legislation Home Works! Teacher Home Visit Program Developing
Where do I find state dispute resolution data? http://www.directionservice.org/ cadre/aprsppb.cfm
Data & Trends
Where to Learn More www.directionservice.org/cadre Subscribe to our e-news: The CADRE Caucus THANK YOU!!! 36