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The Office for Dispute Resolution (ODR)

1The 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

2ODROptional activities NOT federally mandated: Special Education ConsultLineCall Resolution Process (CRP)IEP FacilitationResolution Meeting FacilitationCreating Agreement TrainingNEW: Evaluative Conciliation Conference (ECC) Pilot

ODRResources available to assist constituents:New and improved ODR websiteDispute Resolution ManualOn-line request submission and activity evaluationInformational videosBrochures/Fact sheetsLinks to state and federal resourcesLink to CADREBilingual specialist to assist callersParent Guide (NEW)

4ODRVideo Resources available:The Mediation ProcessIEP FacilitationResolution MeetingProcedural Safeguards Notice Resolution Meeting FacilitationMock Due Process HearingIntroduction to Special Education LawMotions Practice in a Due Process HearingProcedural Safeguards Notice audio version

5ODRMore Video Resources available on new ODR website:A Tale of Two ConversationsHearing Officer Introductory videos4-Part Video Series on Preparing for Due ProcessPre-hearing MattersExhibits and WitnessesThe hearing itselfTips on Participating in due process

6Exemplar StatePennsylvania 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.

7DisclaimerLocal Education Agency (LEA) =EI Preschool ProgramSchool DistrictIntermediate UnitCharter/Cyber School

8Mediation

Important things about mediationThe 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.

10Important things about mediationAll 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.

Participants in MediationParents may invite 2 other participants The LEA may bring 3 participants including someone who can commit resourcesAttorneys do not participate

MediationODR 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.

13Mediation: OCDEL Infants/ToddlersIf parent requests mediation, the Infant/Toddler EI program must attendMediation must be scheduled and held within ten days of receipt of request If mediation is successful, OCDEL receives a copy of signed agreementNo established timelines for preschoolAges 3-5

14Mediation ProcessOpening StatementJoint SessionCaucusJoint SessionAgreement Writing

Mediation StatisticsMore than 400 requests each year Majority of requests go to mediation Between 77-84% agreement rate each year

Mediators Who Are They?Independent contractorsMust have experience as a mediatorMust have knowledge of special education lawContractors are diverse group that includes mediators, attorneys, consultants, former educators, therapists, professors

Due Process

Due ProcessCan be requested by either the parent or LEA, with majority of requests from parentsFor children who are or are thought to be child with disability, orFor students who are or may be gifted, orFor protected handicapped students under Chapter 15/504 service agreement

19Due Process Hearing can be Requested for Disputes SurroundingIdentificationEvaluation Educational placement Provision of a free appropriate public education (FAPE)

20ODR 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.

Hearing Officers Who Are They?6 Full-time5 Attorneys1 Psychologist1 Independent Contractor to oversee cases involving Gifted only children 1 Independent Contractor to oversee overflow/conflict cases

Resolution MeetingIDEA 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.

23Due Process Hearing EvidenceExhibits (exchanged by the parties)Sworn Testimony (taken down by a court reporter)

Hearing Officer DecisionsBased onEvidenceFindings of FactCredibility determinationsConclusions of law

Due Process StatisticsFiscal Year 2011-12 had 859 requestsLarge majority cancel prior to full adjudication due toParties reaching agreement Resolution Meeting agreementsWithdraws by requesting party

Due Process Most Common IssuesCompensatory educationEvaluation IEP issuesPlacementIdentificationEligibility

Now Lets Look at the Other Early Dispute Resolution ProcessesSpecial Education ConsultLineCall Resolution Process (CRP)IEP/IFSP FacilitationResolution Meeting Facilitation Evaluative Conciliation Conference (ECC)Creating Agreement Training

28Toll-free service established in 1995 by PDE Became a service of the Office for Dispute Resolution in 2000Annually 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 safeguardsVast library of resourcesAt times, provides intervention/early dispute resolution between parent and school using the Call Resolution Process (CRP)

Special Education ConsultLine

29ConsultLine 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

301-800-879-2301Callers 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

31Compliance: 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 32Disagreement: 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 Calls33Mental 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 Calls34The 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)

35Before 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

36The 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

37CRP: Examples of Issues IEP non-implementation Timeline violationsDiscipline rule violationsChild out of schoollack of notice provided to the parentLack of consentParent was not informed of students progress as required by the IEPBehavior plan is not being followed.

38IEP/IFSP Facilitation

39IEP/IFSP FacilitationVoluntary process for times when parties agree that presence of neutral person will assist them in discussing IEP/IFSP issuesTypically used when communication has been hampered or stalledIEP/IFSP Facilitator helps to create atmosphere for fairness and successful drafting of IEP/IFSP

40IEP/IFSP Facilitation is..Free for IDEA-related claimsCompletely voluntaryUnless BOTH sides agree to a facilitator, IEP/IFSP Facilitation will not take place.

41IEP/IFSP Facilitation..Does not usurp the role of the IEP/IFSP team; the LEA continues to lead the meetingIEP/IFSP team (not ODR) sets date for meeting, and provides invitation to participate to parentsDoes not result in the facilitator becoming a team member

42Role of FacilitatorNot a member of the teamIEP/IFSP team owns the IEP or IFSPFacilitators role is only to enhance communication and to help sides address disagreements or conflict relating to IEP or IFSP onlyFacilitator offers no technical assistance or input regarding contentFacilitator sits in silence if parties are moving forward

Role of FacilitatorAn IEP/IFSP Facilitator is like a refereeIf 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.

44Benefits of IEP/IFSP FacilitationHelps to improve relationships among IEP/IFSP team members and between parent and the LEAOpportunities to resolve conflicts as they ariseEncourages parents and the LEA to identify new optionsMore cost-effective procedure than formal due processLess stressful than formal due processAllows all parties to participate fully in IEP or IFSP process

45Resolution Meeting Facilitation

46Resolution Meeting FacilitationThe 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.

47Resolution Meeting FacilitationAvailable for all parent-initiated due process requests involving a child with a disabilityVoluntary and FREE for both sidesThe 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.

48Role of the FacilitatorHelps 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 groupMay help the parties write an agreement.

49Benefits of Resolution Meeting FacilitationBuilds and improves relationships Provides opportunities for parties to resolve conflicts which could remove the need for due processEncourages parents and professionals to identify new optionsTypically less stressful than a due process hearing

50Evaluative Conciliation Conference (ECC)ODR committed to providing array of services to resolve special education disputesODR actively seeking out ways to reduce number of due process requestsEarly resolution saves time, money, effortThe earlier the better to resolve differencesAllows focus to be on students education and not on litigation

51ECC OffersA neutral Consultant to discuss and evaluate both sides case A risk assessment regarding the dispute and resolutionAn opportunity for an impartial look at the merits of a caseA perspective on law interpretation and analysisPossible creative solutions

52How ECC WorksParties submit brief memo to Consultant, detailing issuesConsultant communicates with parties through conference calls and individual callConsultant provides separate and individual evaluation to each sideFlexible process to meet everyones individual needs

53DisclaimerECC is confidential; Consultant will not share individual discussions or written memos with other side without their permissionConsultant will destroy all documents following final conference sessionParties agree to not seek to compel Consultant to testify in future proceedingsConsultant will not issue any written decisionsStatements by Consultant do not constitute legal advice

54Impact on Due Process by ECCECC may be initiated before or after due process is requestedDue process timelines not affected by ECCHearing Officer presiding over active due process will have no knowledge of ECC being usedDue process may be withdrawn if ECC results in agreement

55Creating Agreement in PAODR 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.

Creating Agreement in PAKey concepts of Creating Agreement Model:Value of ConflictConflict stylePerceptionsConflict resolution stylesPositions and interestsListening and communicationPower imbalanceCultural reciprocity

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.

58Parent Guide (NEW)

59Stakeholder CouncilDiverse membership that includes parents, advocates, attorneys, educators, constituency groupsSelf sustainingProvides functional input on the services of ODRInterviews hearing officer candidates and makes recommendations

60Whats Next?Proactive effort to support and expand dispute resolution and agreement-reaching activities for parents and LEAsInvestigate cost-effective technology options to increase public outreach and availability of services.

61ConsiderThe 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

62Contact Information www.odr-pa.orgDirector:Kerry V. Smith, Esquireksmith@odr-pa.org

Commonwealth of PennsylvaniaTom Corbett, Governor

Pennsylvania Department of EducationRonald J. Tomalis, Secretary

Carolyn C. Dumaresq, Ed.D., Deputy SecretaryOffice of Elementary and Secondary Education

John J. Tommasini, DirectorBureau of Special Education

Patricia Hozella, Assistant DirectorBureau of Special Education

Office for Dispute Resolution6340 Flank DriveHarrisburg, PA 17112-2764(717) 541-4960 or 1-800-222-3353TTY Users: PA Relay 711Email at odr@odr-pa.orgWeb address www.odr-pa.org

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