Exceptional Children: How to Effectively Manage Parental Concerns and Complaints Carol Ann M. Hudgens, Ed.S Section Chief: Policy, Monitoring and Audit Section Exceptional Children Division

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

Compliance is Critical Office of Civil Rights Dear Colleague Letter May 14, 2014

“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.”

Procedural Mistakes

Procedural Mistakes Upon enrollment comparable services are not provided parents are convinced inclusion services are appropriate (even though their child has been in a separate setting) denied access because “we don’t do that here”

Procedural Mistakes 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

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

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

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

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

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

Early Resolution Informal Resolution

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

Informal Dispute Resolution Parent Phone Calls Parent Conferences 5-10 School Days 48 Hours

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

Facilitated IEP Team Meetings (FIEP) Request for an FIEP Scheduling the FIEP 5-10 School Days Prior to Scheduled Meeting ASAP

Mediation Formal State Complaint Due Process Hearing Formal Resolution Mediation Formal State Complaint Due Process Hearing

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.

ANY TIME there is a dispute between Mediation Request for Mediation Scheduling the Mediation ANY TIME there is a dispute between the parents and the LEA. ASAP

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.

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.

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)

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

Call your attorney!! 10 calendar days 15 calendar days Due Process Upon receipt of request, the LEA has to respond within The LEA must schedule a resolution meeting within Call your attorney!! 10 calendar days 15 calendar days

Early Warning Signs Clear Communication Effective IEP Meetings Conflict Prevention Early Warning Signs Clear Communication Effective IEP Meetings

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

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

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

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

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

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

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

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…”

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

Consultants for Dispute Resolution Leigh Mobley 919.807.3978 leigh.mobley@dpi.nc.gov Bill Elvey 919.807.4059 bill.elvey@dpi.nc.gov Arianna Dunne Start date: January 12, 2015 Melvin Diggs Start date: January 26, 2015