SEAC Due Process Report for SY 14-15 & SY 15-16 April 7, 2017

Purpose of Annual Review Requirement of State Advisory Panels under IDEA to review due process hearing decisions Annual Report a priority activity for SEAC since 2005 Began with move from independent hearing officers to DCCA Effort to reduce high incidence of formal dispute resolution Proactive preference for early dispute resolution to save money and relationships Today’s report is the 12th in a row.

Center for Appropriate Dispute Resolution (CADRE) www.cadreworks.org

CADRE Continuum: Stages of Conflict Resolution

Hawaii’s Continuum Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Prevention Disagreement Conflict Procedural Safeguards Legal Review Parent engagement? Stakeholder training? Conciliation Parent-to-Parent (LDAH, SPIN, CCCs, HFAA) Facilitated IEPs? Mediation Prior to Hearing Request Mediation Related to Hearing Request Written Complaint Resolution Session Due Process Hearing Requests & Hearings State Civil Court Review 9th Circuit Court Review

Formal Dispute Utilization SY14-15 and SY15-16 THE BULK OF DUE PROCESS IS HEARING REQUESTS OF THE 23 WRITTEN COMPLAINTS FILED, ONLY 10 HAD WRITTEN REPORTS. ONLY FIVE MEDIATIONS WERE CONDUCTED.

Resolution of SY 2014-15 Hearing Requests 70 HR 28 Resolution Agreements 20 Withdrawn/ Dismissed 15 Hearing Decisions (1 Expedited) 7 Requests unaccounted for WHEN FAMILIES FILE A DUE PROCESS REQUEST, THEY MUST EITHER: - ATTEND A RESOLUTION SESSION - ENTER INTO MEDIATION BECAUSE SEAC NO LONGER RECEIVES A LOG FROM DOE DESCRIBING THE DISPOSITION OF THE HEARING REQUESTS, WE DON’T KNOW HOW ALL OF THE REQUESTS WERE RESOLVED.

Resolution of SY 2015-16 Hearing Requests 87 HR 55 Resolution Agreements 11 Hearing Decisions 21 Requests unaccounted for WHEN FAMILIES FILE A DUE PROCESS REQUEST, THEY MUST EITHER: - ATTEND A RESOLUTION SESSION - ENTER INTO MEDIATION BECAUSE SEAC NO LONGER RECEIVES A LOG FROM DOE DESCRIBING THE DISPOSITION OF THE HEARING REQUESTS, WE DON’T KNOW HOW ALL OF THE REQUESTS WERE RESOLVED.

Issues Presented in Due Process Hearings TYPE OF ISSUE SY 14-15 SY 15-16 IEP adequacy or timeliness 7 4 Extended year services (ESY) 6 Private school reimbursement 3 Behavioral support Evaluations 5 1 Related services Parent/team member participation Least Restrictive Environment/LRE 2 Compensatory education Bullying/Discipline Other (Stay Put, Eligibility)

Prevailing Parties 5 10 SY14-15 SY15-16 4 7 Student Student DOE DOE INITIALLY DOE PREVAILED IN 9 HEARING DECISIONS. ONE WAS OVERTURNED ON APPEAL. 4 5 10 7 SY14-15 SY15-16

Hearing Extensions FILE REQUEST RESOLUTION SESSION (WITHIN 15 DAYS) DUE PROCESS HEARING NO AGREEMENT AFTER 30 DAYS) DUE PROCESS DECISION (45 DAYS FROM START OF HEARING) THE TIMELINE FOR HEARINGS IN IDEA IS 75 DAYS: 30 DAYS FOR RESOLUTION PROCESS 45 DAYS FOR HEARING AND DECISION NO HEARINGS WERE CONDUCTED WITHIN THIS TIMELINE EXTENSIONS ARE GRANTED “FOR GOOD CAUSE” BY THE HEARING OFFICER, BUT IT IS NOT CLEAR WHY SO MANY EXTENSIONS ARE NECESSARY. All but one of the hearings involved extensions beyond the 75 day timeline.

Trends in Hawaii Data: 10 Yrs. of Requests/Decisions

Trends in Hawaii data: 10 years % Requests Resulting in Hearings NO DATA ON SETTLEMENTS.

Trends in Hawaii data: 10 years Prevailing Party MANY FEWER HEARINGS. DOE PREVAILING THE MAJORITY OF TIME FOR LAST FEW YEARS.

Trends in Hawaii data: 10 years Resolution Session Agreement Rate SCHOOL YEAR # RESOLUTION SESSIONS # OF AGREEMENTS % OF AGREEMENTS 2006-07 128 8 6% 2007-08 105 42 40% 2008-09 114 41 36% 2009-10 139 50 2010-11 131 62 47% 2010-12 98 49 50% 2012-13 57 25 43% 2013-14 56 9 16% 2014-15 54 28 52% 2015-16 78 55 70.5%

COMPARISON TO NATIONAL DATA: All Complaints (PER 10K SPED STUDENTS) Dispute Resolution Method National Average SY 14-15 Hawaii SY 13-14 SY 15-16 Written Complaint 7.5 5.2 6.3 7.3 Hearing Request 21.8 41.1 36.7 45.3 Hearings Held 1.2 7.8 5.7 Mediation 9.2 2.6 1.6 0.5 BASED ON TABLE 7 OF IDEA DATA REPORTS – HEARINGS STILL PENDING WHEN FILED.

Missing Data ? Costs involved in due process: attorney’s fees, private school placements, reimbursement for related services, etc. Reasons for steep decline in hearing requests and hearing decisions. Information on where formal dispute resolution is occurring. ? ?

Areas to Explore? Whether families are having difficulty finding affordable and available legal representation. What key stakeholders (parents, A.G., plaintiff attorneys, DESs, Hearing Officers) see as barriers to early conflict resolution. Why mediation is so underutilized