Effective Participation in Early Dispute Resolution Options in Wisconsin Effective Participation in Early Dispute Resolution Options in Wisconsin Presented by CESA Parent/Educator Team WI Special Education Mediation System

Stakeholders’ Council

Mediation ( IDEA 2004 Reauthorization)

Mediation Facilitated negotiation WSEMS focus is on collaboration not conflict Participant Evaluations –82% satisfied with outcome (N=1187) –88% satisfied with process (N=1195) –90% would use mediation again (N=1191) Mediation available since 1997

WSEMS Mediation 8/98-6/08 WSEMS Mediation 8/98-6/ requests: 594 went to session, 511 reached agreement, 83 no agreement Making an 86% agreement rate over ten years.

When to Use Mediation Help needed to settle a specific dispute Impasse reached (“hit a brick wall”) History of conflict and/or issues of trust and miscommmunication IDEA issues related to a proposal or refusal to initiate or change: –Evaluation (Eligibility) –Educational placement –IEP –Provision of FAPE

How to Request Mediation Neutral intake system Description of dispute Joint or single request Sign/fax/mail/ Screening Requests Jane Burns

Who are the Mediators? WSEMS roster/list of mediators –Professional diversity –Variety of mediation styles.

Who are the Mediators? (Continued) Mediator’s role -Impartiality Process of appointing mediator

Parties Parent(s) of a child or guardian(s) of incompetent adult student or a competent adult student. Local educational agency representatives (2). Scheduling Mediation must be scheduled in a timely manner. (21 days unless parties agree to longer) Session must be held at a time and place convenient to the parties. Ave. Number: 1.43 (N=414) Ave. Length: 4.46 hours (N=413) Cost Free Time

Mediation Session Mediator confirms agreement to mediate, describes process of mediation, and explains confidentiality. Participants explain their view points. Mediator helps parties look for interests, generate options, assess options, and reach agreement.

Agreement Parties write how they decided to resolve their dispute. List the terms: –Who.. will do what..when (IEP) –Can withdraw due process, IDEA complaints, or litigation –Loop back to mediation –How to share information Just the parties sign Enforceable in court Mediator as scrivener

OPTIONS

Facilitated IEPs (post IDEA 2004)

Facilitated IEP (FIEP) “DPI supports IEP facilitation, increasing the number of options available to parents and schools to resolve their disputes. Such options will assist the parties in building long-lasting, trustful and collaborative relationships.” -Dr. Stephanie Petska, Director, Special Education Team, Wisconsin DPI Not required in IDEA 2004

What is a facilitated IEP? An option for early conflict resolution available to parents & schools A neutral, trained professional (a facilitator) helps IEP team with the process of the IEP Voluntary Free Facilitator time limited to 3 hours with parties

Differences between Facilitation and Mediation Objective Timing Method FacilitationMediation Help improve process for developing the IEP. Help the parties negotiate a resolution to a defined dispute under WI Stat Intervene when parties realize discussion will be difficult and complex; before any impasse is identified. Intervention is usually after parties reach impasse. Entire group stays together. Role of neutral to help with meeting process. Outcome IEP developed or not. Group stays together or works with mediator in caucus. Role of the neutral to help with collaborative problem solving. Outcome can be a written agreement/contract.

When Do I Request a FIEP? When either a parent or district think an IEP meeting would be more productive with an impartial facilitator Most effective in early IEP stages – before impasse. Any IEP: Initial, Annual, Re-evaluation, Review/Revision

How Do I Request a FIEP? Call WSEMS, (888) or visit website at Joint or single request with form Parent & school must both agree Screening of requests Will Mediation or FIEP be more appropriate?

Who Are the Facilitators? Same as mediator roster Trained on communication & working knowledge IDEA Facilitator acceptable to parents & school

What is the Facilitator’s Role?  The person from the district is in charge of the IEP meeting and works with the facilitator to focus the process on developing the IEP document.  The IEP facilitator may ask any participant to clarify their intentions and meanings as well as raise issues to build consensus.

Is the FIEP Successful? (4/04-6/08) 74% agree FIEP will improve future meetings (n=605) 91% believe IEP facilitation process provided satisfactory outcome (n=601) 85% of participants would use FIEP again (n=604) 96% believe it is important to be part of FIEP process (n=605) 171 requests as of 6/30/08

Resolution Session (IDEA 2004 Reauthorization)

Resolution Session IDEA 2004 requires LEA to meet with parent within 15 days of receiving DPH complaint May be waived – if both parents & school agree Parents & school may agree to mediation instead School may not bring attorney - unless parents do

Resolution Session Signed agreement (enforceable in court) May void within 3 business days Parent may not recover attorney fees If not resolved in 30 days, DPH may proceed WSEMS may provide a “neutral” facilitator