“Let us put our minds together and see what life we can make for our children” Chief Sitting Bull

Achieving the Best for Special Education Students

 Early On Enrollment:4, 699  In Home 3,014  In community setting: 586  “Other” 1,099 *Dec 2008 count

 Began in 1996 with Supreme Court Administrative Office  Framework  Federally funded through the OSE/EIS  Administered by Dispute Resolution Education Resources, Inc. (DRER)  Services provided by DRER and the Community Dispute Resolution Program

MDE/MSEMP Centers 5

 Community members trained  40 hours general mediation skills  16 hours special education law, issues  10 hours internship (observation)  25 hours general mediation experience  16 hours IEP facilitation  8 hour update training every 2 years  Coordinated through Community Dispute Resolution Centers  20 throughout state

 Mediation: Negotiation conducted by an impartial party  Facilitation: assistance in coordinating rather than leading an IEP team meeting or Resolution Session so that team members are encouraged to participate in the discussion  Training: skill building in communication and dispute resolution

Stage of Conflict Stage 1Stage 2Stage 3Stage 4Stage 5 Level of Intervention PreventionDisagreementConflictProcedural SafeguardsLegal Review Assistance, Intervention Options Conflict resolution skillstraining Informal party-to-partydiscussionsMDE toll-free informationphone lineConciliation (telephoneintermediary)IEP, IFSP facilitation Pre-filing mediation Mediation under IDEA Complaints Resolution sessions Due process hearings Litigation Legislation Dimensions Third party assistance Third-party intervention Decision making by parties Third-party decision making Interest-based Rights-based Informal, flexible Formal, fixed 8

 Series of 7  Essential skills  Collaboration in the IEP/IFSP process  Collaborative Leadership in the IEP/IFSP process  Sustaining skills seminar  Diversity  Transition  Conflict Resolution (2 days)  Schools and parent groups

“The greatest compliment that was ever paid me was when one asked me what I thought, and attended to my answer” Henry David Thoreau

 Personalities  Misunderstandings or miscommunication  Lack of trust due to broken promises, lack of success in past, gossip and innuendo  Direct or implied blame  Unfamiliar with role, rights, law  Lack of information  Lack of understanding of roles and responsibilities  Differing interpretations of the law  Non-compliance with law  Transitioning to IEP process  Resources  time- not enough  shortage of resources or financial constraints

 Communication  Little or no preparation for IFSP process  Differing expectations of service providers  Differing communication styles  Notify service providers of responsibilities, time lines, reporting requirements, accommodations, etc..  Barriers to effective Communication  Verbal  Attacking (interrogating, criticizing, blaming, shaming)  You messages (moralizing, preaching, advising, diagnosing).  Showing power (ordering, threatening, commanding, directing)  Other: Shouting, name calling, refusing to speak  Non-Verbal communication barriers

 IFSP teams often fear disagreement  Many factors can interfere with productive discussion  IFSP team meetings can produce better results when all team members prepare and participate

 Always separate the people from the problem  Focus on the interests, not positions  Generate a variety of possibilities before deciding what to do  Insist that results be based on some objective standard  Frame each issue as a joint search for objective criteria  Reason and be open to reason as to which standards are most appropriate and how they should be applied  Never yield to pressure-only to principle.

 MSEMP offers no cost  Facilitation  Useful in IFSP meeting, resolution session  Facilitator helps ensure a fair and inclusive meeting  Mediation  Use to resolve dispute  Mediator manages process, may caucus when necessary  Decisions made by parties

 IFSP, IEP settings  Resolution sessions  Participants uneasy about a meeting  Parent, school relations strained  Participants need to focus on issues

 Builds and improves relationships among the IFSP team members and between parents and schools.  Ensures the meeting is student-focused  Models effective communication and listening  Clarifies points of agreement and disagreement  Provides opportunities for team members to resolve conflicts if they arise  Encourages parents and professionals to identify new options to address unresolved problems  Costs less than more formal proceedings such as due process hearings

 Is typically less stressful than formal proceedings  Supports better follow through and follow-up; roles and responsibilities can be discussed and planned  Is the IFSP meeting, and doesn’t require a separate IFSP meeting to formalize agreements that are reached  Supports all parties in participating fully  Eliminates the need for someone to play the dual role of participant and facilitator  Facilitation and mediation skills can help prevent the IFSP meeting from getting off track and intervene during the meeting to get people back on track  Past experiences between the group members can hinder future working relationships. Having an IFSP facilitator involved can sometimes change the whole environment and outcome of the meeting

 Be a part of the team  Give legal advice  Advocate for a position  Make decisions

 Any dispute  Eligibility for programs, services  Evaluation interpretations  Transition issues  Service delivery, effectiveness  Resolution sessions  Communication, relationship issues

 Participants control outcomes  Participants become self-sufficient  Solutions remain local  Dispute resolution costs decline  More time, money spent on educating  Placed in IFSP within 5 working days

 Remain neutral  Conduct the mediation  Ensure all parties have equal opportunity to express their ideas and thoughts  Make sure that everyone abides with rules for appropriate conduct  Help the parties remain on the topic of their disagreement  Guide the participants towards creating an agreement  Record the agreement

 Make decisions  Give legal advice  Take sides

MSEMP Performance (Federal fiscal year) Category FFY 2004 FFY 2005 FFY 2006 FFY 2007 FFY 2008 Total Cases opened (mediation and IEP facilitation) Mediations held Mediations with agreement Mediations without agreement Mediation agreement rate (SPP Indicator 19)73%88%80% 79%80% IEP facilitations held * Parties agreed on IEP and implementation* Parties disagreed on IEP, but allowed implementation * Parties disagreed on IEP; requested hearing or mediation * * Facilitation measures defined differently in 2004 and therefore not comparable with following years. Collaborating for Results in Special Education

 RESOLVE ( ) CENMI.ORG/MSEMP Local MSEMP Program information: 229 North Pine Street Lansing, MI Phone: Fax: Thank You