Dispute Resolution Essential Competencies for Charter Schools EC Coordinators April 23, 2015 Exceptional Children Division 1

Agenda Compliance is Critical Procedural mistakes Early Resolution Formal Resolution Conflict Prevention: Effective IEP Meetings 2

Compliance is Critical Office of Civil Rights Dear Colleague Letter May 14,

“ I am writing to remind you that the Federal civil rights laws, regulations, and guidance that apply to charter schools are the same as those that apply to other public schools. For this reason, it is essential that charter school officials and staff be knowledgeable about Federal civil rights laws. These laws extend to all operations of a charter school, including recruiting, admissions, academics, educational services and testing, school climate (including prevention of harassment), disciplinary measures (including suspensions and expulsions), athletics and other nonacademic and extracurricular services and activities, and accessible buildings and technology.” 4

Procedural Mistakes 5

Prior to/during the IEP Team Meeting, the LEA did not provide parent –appropriate notice in order to participate –their procedural safeguards –with access to required staff as participants during the meeting 6

Procedural Mistakes Prior to/during the IEP Team Meeting, the LEA did not provide parent –clear recommendations based on appropriate evaluations/data –an opportunity to be a meaningful participant 7

Procedural Mistakes The IEP did not include –present levels of academic achievement and functional performance –measurable academic and functional goals –modifications and accommodations necessary to access the general curriculum 8

Procedural Mistakes The IEP did not include –decisions that were made based upon the specific needs of the student –consideration of the least restrictive environment 9

Procedural Mistakes Mistakes are most often made when –evaluations/reevaluations are not planned in advance –little to no data are used in decision making –school staff determines the services and supports needed prior to the IEP team meeting 10

Procedural Mistakes Mistakes are most often made when –the student’s unique needs are not carefully considered –appropriate consent is not obtained from the parent –actions proposed and rejected are not described through Prior Written Notice 11

Informal Resolution Early Resolution 12

Informal Dispute Resolution Parent-Teacher Conference Parent-Administrator Conference Parent-EC Director Conference Collaboration with EC Division Consultants IEP meeting Facilitated IEP Meeting 13

Facilitated IEP (FIEP) Meeting An FIEP meeting is –a voluntary process utilizing an impartial facilitator –a collaborative team that shares responsibility for the process and results –charged with developing an IEP based on the needs of the students and in consensus 14

Mediation Formal State Complaint Due Process Hearing Formal Resolution 15

Mediation An informal meeting of parents and school representatives led by a neutral third party, the mediator, who is assigned by Department of Public Instruction- Exceptional Children Division (DPI-ECD). A voluntary process, which the parent and LEA control. A process that helps the parents and school resolve disagreements concerning the student’s identification, evaluation, program, or placement following an IEP meeting when consensus was not reached. 16

Formal State Complaint A formal state complaint is a signed, written statement to DPI-ECD that alleges a school or LEA is not following: – IDEA (Individuals with Disabilities Education Act) and/or, –NC Policies Governing Services for Children With Disabilities. 17

Formal State Complaint Must be filed within one year of alleged violation. EC Division conducts an investigation citing facts and conclusions based upon IDEA. Corrective action is required for noncompliance. 18

Due Process Hearing A due process hearing is an adversarial process in which a hearing officer resolves IDEA disagreements between parents and the school districts. The hearing may be requested on any matter involving: –Identification –Evaluation –Education placement and services, and –The provision of a Free Appropriate Public Education (FAPE) 19

Due Process Hearing Before a hearing can be held, parent and LEA must: – Agree to waive a resolution meeting or –Participate in a resolution meeting within 15 days and/or –Participate in mediation 20

Early Warning Signs Clear Communication Effective IEP Meetings Conflict Prevention 21

Early Warning Signs Body language Request to tape the meeting Advocates Attorneys Tone of voice Emotional statements 22

Clear Communication Includes –Active listening –Respect –Clarifying questions –Summaries –Consideration of other’s needs –Ensures understanding 23

Effective IEP Meetings Preconference with –school personnel to ensure adequate participation by all participants –parents when difficult issues are anticipated Provide evaluations and/or reports to parents in advance 24

Effective IEP Meetings Create an atmosphere of mutual respect –Greet, welcome, and address parent questions about procedures –Introduce all participants –Seat participants at a round table in a comfortable setting free from noise and distractions –Be considerate of time –Start discussion with positive observations of the student 25

Effective IEP Meetings Provide a clear purpose to the meeting Clarify roles Encourage the participation of all team members 26

Effective IEP Meetings Stay focused –Use the “parking lot” strategy to save issues for discussion at a later time Restate meeting outcomes to ensure understanding Establish an “open door” policy for a healthy working relationship 27

Effective IEP Meetings End meeting on a positive note –Ask if anyone would like to make any additional comments –Ask if there is anything that could be done differently next time Thank participants for contributions 28

Effective IEP Meetings Reflect on the meeting Survey participants On a scale of 1-10, indicate your overall satisfaction with today’s meeting. (10=HIGH) ______ What was the best part of the meeting? What could we do differently next time? Comments: 29

Please DON’T Say “We don’t do…” “We don’t have…” “We only have…” “There are no funds available for…” “For students with (disability), we always…” 30

How can LEAs make disputes worse? Draw a line in the sand Use the word NEVER a lot Miss deadlines Lose paperwork Make it personal Use a “cookie cutter” approach Schedule too little time for meeting Send the message that you don’t care 31

Consultants for Dispute Resolution Arianna Dunne Melvin Diggs Bill Elvey Leigh Mobley