Transcript of The Office for Dispute Resolution (ODR). The Office for Dispute Resolution (ODR) Who Are We? Funded...
- Slide 1
- The Office for Dispute Resolution (ODR)
- Slide 2
- The Office for Dispute Resolution (ODR) Who Are We? Funded by
the Department of Education (PDE) Meets federal requirement of
having due process and mediation available to parents and local
education agencies
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- ODR Optional activities NOT federally mandated: Special
Education ConsultLine Call Resolution Process (CRP) IEP
Facilitation Resolution Meeting Facilitation Creating Agreement
Training NEW: Evaluative Conciliation Conference (ECC) Pilot
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- ODR Resources available to assist constituents: New and
improved ODR website Dispute Resolution Manual On-line request
submission and activity evaluation Informational videos
Brochures/Fact sheets Links to state and federal resources Link to
CADRE Bilingual specialist to assist callers Parent Guide
(NEW)
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- ODR Video Resources available: The Mediation Process IEP
Facilitation Resolution Meeting Procedural Safeguards Notice
Resolution Meeting Facilitation Mock Due Process Hearing
Introduction to Special Education Law Motions Practice in a Due
Process Hearing Procedural Safeguards Notice audio version
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- ODR More Video Resources available on new ODR website: A Tale
of Two Conversations Hearing Officer Introductory videos 4-Part
Video Series on Preparing for Due Process Pre-hearing Matters
Exhibits and Witnesses The hearing itself Tips on Participating in
due process
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- Exemplar State Pennsylvania is only one of four states selected
by CADRE (with approval by OSEP) as an exemplar state in the area
of special education dispute resolution.
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- Disclaimer Local Education Agency (LEA) = EI Preschool Program
School District Intermediate Unit Charter/Cyber School
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- Mediation
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- Important things about mediation The decision to use mediation
is voluntary for disputes regarding a students program or
placement. It is a process that depends on the willingness of the
parties to discuss their concerns openly and honestly. Mediation
agreements are binding in a court of law.
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- Important things about mediation All other rights and
responsibilities under special education law, such as the right to
a due process hearing, stay in place whether or not mediation is
utilized. Focuses on mutual-problem solving, is generally less
stressful, less expensive, and usually less time- consuming to
complete than a hearing.
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- Participants in Mediation Parents may invite 2 other
participants The LEA may bring 3 participants including someone who
can commit resources Attorneys do not participate
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- Mediation ODR arranges time, date and place of the mediation,
assigning mediator and paying all mediator fees and expenses.
Except for mediations involving Gifted only children, no cost to
parties except for payment of fees for any guests they invite to
participate.
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- Mediation: OCDEL Infants/Toddlers If parent requests mediation,
the Infant/Toddler EI program must attend Mediation must be
scheduled and held within ten days of receipt of request If
mediation is successful, OCDEL receives a copy of signed agreement
No established timelines for preschool Ages 3-5
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- Mediation Process Opening Statement Joint Session Caucus Joint
Session Agreement Writing
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- Mediation Statistics More than 400 requests each year Majority
of requests go to mediation Between 77-84% agreement rate each
year
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- Mediators Who Are They? Independent contractors Must have
experience as a mediator Must have knowledge of special education
law Contractors are diverse group that includes mediators,
attorneys, consultants, former educators, therapists,
professors
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- Due Process
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- Can be requested by either the parent or LEA, with majority of
requests from parents For children who are or are thought to be
child with disability, or For students who are or may be gifted, or
For protected handicapped students under Chapter 15/504 service
agreement
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- Due Process Hearing can be Requested for Disputes Surrounding
Identification Evaluation Educational placement Provision of a free
appropriate public education (FAPE)
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- ODR Hearing Officers Are impartial and are proficient in
special education law. Possess the knowledge and ability to conduct
hearings and write decisions according to standard legal
practice.
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- Hearing Officers Who Are They? 6 Full-time 5 Attorneys 1
Psychologist 1 Independent Contractor to oversee cases involving
Gifted only children 1 Independent Contractor to oversee
overflow/conflict cases
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- Resolution Meeting IDEA 2004 states that when parents initiate
due process, the LEA must hold a meeting with the parent within 15
days unless both sides agree to waive the meeting or use mediation.
ODR is responsible to track this information and forward to BSE for
compliance review.
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- Due Process Hearing Evidence Exhibits (exchanged by the
parties) Sworn Testimony (taken down by a court reporter)
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- Hearing Officer Decisions Based on Evidence Findings of Fact
Credibility determinations Conclusions of law
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- Due Process Statistics Fiscal Year 2011-12 had 859 requests
Large majority cancel prior to full adjudication due to Parties
reaching agreement Resolution Meeting agreements Withdraws by
requesting party
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- Due Process Most Common Issues Compensatory education
Evaluation IEP issues Placement Identification Eligibility
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- Now Lets Look at the Other Early Dispute Resolution Processes
Special Education ConsultLine Call Resolution Process (CRP)
IEP/IFSP Facilitation Resolution Meeting Facilitation Evaluative
Conciliation Conference (ECC) Creating Agreement Training
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- Toll-free service established in 1995 by PDE Became a service
of the Office for Dispute Resolution in 2000 Annually serves
3,000-4000 parents and advocates of children with disabilities by
providing information and assistance with special education-related
issues. Provides access to the state complaint process and
information about special education laws, rights, and
protections/procedural safeguards Vast library of resources At
times, provides intervention/early dispute resolution between
parent and school using the Call Resolution Process (CRP) Special
Education ConsultLine
- Slide 30
- ConsultLine is staffed by 4 specialists who have at least a
bachelors degree plus field experience in education, special
education or a related human services field. One specialist is
bilingual (English/Spanish). Specialists possess analytical ability
and research skills. Ongoing staff development and training to keep
informed of regulations and best practice. About the
Specialists
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- 1-800-879-2301 Callers use the toll-free number to leave a
message, providing brief explanation of concern and leaving
convenient times for Specialists to return call. Specialists return
calls between 8:00 AM and 5:00 PM Monday through Friday. Calls
returned in an equitable manner. Specialists attempt to return
calls at least 3 times over the course of 3 business days. How
ConsultLine Works
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- Compliance: My childs IEP calls for speech three times a week.
The speech therapist is on maternity leave and he hasnt had
services for two months! Rights : My district said my child is not
eligible for an IEP and I disagree with them. I want a second
opinion. Clarification: My advocate tells me I can choose to not
have my child receive special education.is that true? Process: I
think my child needs an IEP; how do I ask for an evaluation? Types
of Calls
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- Disagreement: I dont think my child has made progress with this
IEP. What are my options? Materials and Resource Requests: State
forms; publications; referrals to Parent Training and Information
Center (PTIC) or other public agency. Bullying My child has
Aspergers Syndrome and is being bullied on the playground. Section
504 - My child doesnt need an IEP but has ADHD and I think its
affecting his/her ability to follow directions and complete
assignments on time. Types of Calls
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- Mental Health Can you explain the difference between a TSS and
classroom aide? Would my child qualify for a TSS? Gifted/Specific
Learning Disability (SLD) My son has an IQ of 140 and yet is
failing English Lit. class. I think its because of all of the heavy
reading assignments. Im afraid he might want to drop out if things
dont turn around. Equitable Participation I want my child to
receive extra help for reading. I think she may have a disability
but the private school said theyre not equipped to handle special
needs like hers. Types of Calls
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- The Call Resolution Process (CRP) facilitates the possibility
of early resolution of compliance related concerns. CRP is an
e-mail notice, sent by the Specialist with the parents permission,
to the chief special education administrator of the LEA. The
message relays the parents stated concerns and proposed resolution.
The BSE Regional Advisor and Division Chief are copied on the
e-mail notice. Call Resolution Process (CRP)
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- Before CRP is offered, the Specialist: Provides information
about state and federal requirements based on the issue reported;
Discusses local efforts and options for addressing concerns;
Explains the process for filing a state complaint; Determines
whether or not the issue meets criteria to offer CRP. CRP
Procedures
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- The LEA manages the e-mail information however it deems
appropriate; the Specialists role in CRP is complete once the email
has been sent. BSE advisor contacts the LEA with a follow-up
inquiry. The parent may be contacted by the LEA and/or the BSE
advisor. CRP Procedues
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- CRP: Examples of Issues IEP non-implementation Timeline
violations Discipline rule violations Child out of school lack of
notice provided to the parent Lack of consent Parent was not
informed of students progress as required by the IEP Behavior plan
is not being followed.
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- IEP/IFSP Facilitation
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- Voluntary process for times when parties agree that presence of
neutral person will assist them in discussing IEP/IFSP issues
Typically used when communication has been hampered or stalled
IEP/IFSP Facilitator helps to create atmosphere for fairness and
successful drafting of IEP/IFSP
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- IEP/IFSP Facilitation is.. Free for IDEA-related claims
Completely voluntary Unless BOTH sides agree to a facilitator,
IEP/IFSP Facilitation will not take place.
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- IEP/IFSP Facilitation.. Does not usurp the role of the IEP/IFSP
team; the LEA continues to lead the meeting IEP/IFSP team (not ODR)
sets date for meeting, and provides invitation to participate to
parents Does not result in the facilitator becoming a team
member
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- Role of Facilitator Not a member of the team IEP/IFSP team owns
the IEP or IFSP Facilitators role is only to enhance communication
and to help sides address disagreements or conflict relating to IEP
or IFSP only Facilitator offers no technical assistance or input
regarding content Facilitator sits in silence if parties are moving
forward
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- Role of Facilitator An IEP/IFSP Facilitator is like a referee
If the game is going well, there is not much need for interference.
At other times, the referees responsibility is to get more involved
to ensure fair play and to keep the game moving.
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- Benefits of IEP/IFSP Facilitation Helps to improve
relationships among IEP/IFSP team members and between parent and
the LEA Opportunities to resolve conflicts as they arise Encourages
parents and the LEA to identify new options More cost-effective
procedure than formal due process Less stressful than formal due
process Allows all parties to participate fully in IEP or IFSP
process
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- Resolution Meeting Facilitation
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- The LEA and parent may have trouble reaching agreement at the
meeting because dispute already exists. CADRE is the agency
committed to alternate dispute resolution activities. CADRE
expressed an interest in states willing to provide facilitators at
resolution meetings. ODR accepted the challenge and now offers this
cutting- edge early dispute resolution tool.
- Slide 48
- Resolution Meeting Facilitation Available for all
parent-initiated due process requests involving a child with a
disability Voluntary and FREE for both sides The LEA and parent
schedule the meeting; ODR arranges for the facilitator If agreement
is reached and issues resolved, the parent can ask the Hearing
Officer to withdraw the due process request.
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- Role of the Facilitator Helps the parties focus on the childs
needs. Helps to maintain open communication among all parties.
Clarifies points of agreement and disagreement. Maintains
impartiality. Does not impose a decision for the group May help the
parties write an agreement.
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- Benefits of Resolution Meeting Facilitation Builds and improves
relationships Provides opportunities for parties to resolve
conflicts which could remove the need for due process Encourages
parents and professionals to identify new options Typically less
stressful than a due process hearing
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- Evaluative Conciliation Conference (ECC) ODR committed to
providing array of services to resolve special education disputes
ODR actively seeking out ways to reduce number of due process
requests Early resolution saves time, money, effort The earlier the
better to resolve differences Allows focus to be on students
education and not on litigation
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- ECC Offers A neutral Consultant to discuss and evaluate both
sides case A risk assessment regarding the dispute and resolution
An opportunity for an impartial look at the merits of a case A
perspective on law interpretation and analysis Possible creative
solutions
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- How ECC Works Parties submit brief memo to Consultant,
detailing issues Consultant communicates with parties through
conference calls and individual call Consultant provides separate
and individual evaluation to each side Flexible process to meet
everyones individual needs
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- Disclaimer ECC is confidential; Consultant will not share
individual discussions or written memos with other side without
their permission Consultant will destroy all documents following
final conference session Parties agree to not seek to compel
Consultant to testify in future proceedings Consultant will not
issue any written decisions Statements by Consultant do not
constitute legal advice
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- Impact on Due Process by ECC ECC may be initiated before or
after due process is requested Due process timelines not affected
by ECC Hearing Officer presiding over active due process will have
no knowledge of ECC being used Due process may be withdrawn if ECC
results in agreement
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- Creating Agreement in PA ODR providing conflict resolution
training across the state since 2002. In 2008, joined the national
effort to build capacity for early dispute resolution through
Creating Agreement. PA has been lead state in nation for delivering
Creating Agreement. ODR investigating ways to expand outreach, such
as on- line training and other cost-effective methods of
delivery.
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- Creating Agreement in PA Key concepts of Creating Agreement
Model: Value of Conflict Conflict style Perceptions Conflict
resolution styles Positions and interests Listening and
communication Power imbalance Cultural reciprocity
- Slide 58
- Special Education Dispute Resolution Manual The Special
Education Dispute Resolution Manual describes the due process
hearing procedures in detail. It outlines the mediation and due
process procedures for all age groups. This manual is available on
ODRs web page (http://www.odr-pa.org), or can be mailed to any
interested party upon request.
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- Parent Guide (NEW)
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- Stakeholder Council Diverse membership that includes parents,
advocates, attorneys, educators, constituency groups Self
sustaining Provides functional input on the services of ODR
Interviews hearing officer candidates and makes
recommendations
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- Whats Next? Proactive effort to support and expand dispute
resolution and agreement-reaching activities for parents and LEAs
Investigate cost-effective technology options to increase public
outreach and availability of services.
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- Consider The strength of a relationship is not to be measured
in the frequency or magnitude of the difficulties encountered, but
rather in the ability to resolve them. -Nicholas Martin
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- Contact Information www.odr-pa.org Director: Kerry V. Smith,
Esquire ksmith@odr-pa.org Commonwealth of Pennsylvania Tom Corbett,
Governor Pennsylvania Department of Education Ronald J. Tomalis,
Secretary Carolyn C. Dumaresq, Ed.D., Deputy Secretary Office of
Elementary and Secondary Education John J. Tommasini, Director
Bureau of Special Education Patricia Hozella, Assistant Director
Bureau of Special Education Office for Dispute Resolution 6340
Flank Drive Harrisburg, PA 17112-2764 (717) 541-4960 or
1-800-222-3353 TTY Users: PA Relay 711 Email at odr@odr-pa.org Web
address www.odr-pa.org