Conflict and ADR in Special Education Disputes SELPA Directors meeting July 2016 Conflict Prevention and Management: Maintaining Positive Relationships Put some notes down here Presented by: Elaine Talley, M.Ed. J.D.

Elaine Talley M.Ed. J.D. Elaine Talley, M.Ed., J.D., works with schools in conflict resolution as a mediator and IEP Facilitator. She has worked as a mediator and Administrative Law Judge for the State of California. Ms. Talley has provided mediation training for the Administrative Law Judges (ALJs) at the California Office of Administrative Hearings, and was the supervisor of the Special Education Hearing Office mediation program. Ms. Talley holds a Bachelor of Science from U.C. Berkeley, and a Master of Education and a Law degree, both from U.C. Davis. While studying law she emphasized alternative dispute resolution and was a Public Interest Law Scholar. Ms. Talley has been an invited speaker at the Association for Conflict Resolution national conference, the American Bar Association Section on Dispute Resolution national conference, and the Consortium for Appropriate Dispute Resolution in Special Education (CADRE) National Symposium. She can be reached at etalley@pacbell.net

Workshop Outcomes Materials for use in IEP meetings and staff training Facilitate idea sharing Common pitfalls to avoid Discussion on what to do when the team gets stuck

Workshop Guidelines Take responsibility for your own learning Honor time limits Participate by sharing your ideas Listen to others Have fun

Agenda Introductions / Overview / Needs Understanding Conflict in Special Education Conflict Theory Pitfalls to avoid – mistakes were made ADR models Wrap Up

Introductions What are your needs/expectations? Page 9

Why is there so much conflict in Special Education? Context of the conflict Discussion

Causes of Conflict in SE FAPE – best vs. appropriate Complicated and confusing law Site v. District Grief Underlying Interests and Skill Sets of Teachers/Educators Disabilities Lack of funding

Causes of Conflict in SE continued Parents think they should know it all Information is complicated Special education v. general education IEP Meeting is deficit-focused

Conflict Around Expectations Typical Student Student with a Disability

Role of Grief in Special Education The dream of the “perfect” child Denial Anxiety Fear Guilt Depression Anger Acceptance

Conflict Theory Cognitive dissonance – mental stress caused by holding two competing beliefs Reactive devaluation – rejecting a proposal based on who proposes it Self-serving bias – the tendency to claim more responsibility for successes than failures

Human Behavior People avoid making decisions People act out of self-interest. When two people have a dispute, it can’t be resolved until both parties decide to resolve it. When two people have a dispute, they can’t resolve it until some of the mistrust has been eliminated.

Human Behavior continued People tend to carry out decisions they helped formulate. People do not like to be told what to do. Disputes are not resolved by dwelling on the negative. They are resolved by discovering preliminary areas of agreement, accentuating the positive, and expanding small agreements into larger ones.

Human Behavior continued In the end, regardless of the type of case or where it comes from, the dispute belongs to the disputants. It is not the mediator, judge, or lawyers who have to live with it. No settlement agreement is entered into without some doubt or reservation.

Use an IEP Agenda Provides a roadmap If you post it on the wall, provides a third point of focus Logical sequence allows appropriate decision-making

Sample IEP Agenda Introductions – purpose of meeting Information about Student – assessments, progress, etc. Goals – clear and measurable and including baselines Transition Plan – if student will be 16 before next annual meeting Placement and Services – to help student meet goals – in LRE

Meeting Norms Get agreement from everyone at the beginning of the meeting. Ask if anyone has another meeting norm he or she would like to suggest. Refer back as needed throughout the meeting.

Sample Meeting Norms Student-centered discussion One person speaks at a time Listen to others Ask and welcome questions Honor time limits and stay on task

Nine Rules for Effective IEPs Agree on Norms Agree on Agenda Use Visuals Share responsibility Use active listening Help clarify interests, not just positions Give the discussion time Check for understanding Build and celebrate small agreements

Avoid these Common IEP Pitfalls “The team agrees” Using jargon and acronyms Failing to provide a roadmap Not having all team members Making decisions based on district need or availability of service Not allowing, or not documenting, Meaningful Parent Participation p. 47, p. 66

Avoid these Common IEP Pitfalls Not being clear in the offer of FAPE Making more than one offer of FAPE Goals – no baseline, not measurable Rushing through the meeting Not sharing information with family prior to the meeting Forgetting to take a break if needed Failing to communicate with parents p. 48-49

Common Mistakes Between Meetings Email, social media Keeping secrets Not speaking up during meeting Not saying “no” when that is what you think you are saying Not knowing about accommodations Not providing accommodations

Common Mistakes Between Meetings (cont’d) Forgetting about promises made during the meeting Believing parents will continue to pay for services that may need to be provided by the IEP Failing to communicate with parents Failing to maintain a positive relationship with parents

District’s Obligation to Make an Offer Work toward consensus When you cannot reach agreement District has an obligation to make an offer of a Free Appropriate Public Education p. 50-52

Alternative Dispute Resolution Facilitated IEPs Local mediation Mediation only – through OAH

Questions?

Thank You