1. Conflict and ADR in Special Education Disputes
SELPA Directors meeting July 2016
Conflict Prevention and Management:
Maintaining Positive Relationships
Put some notes down here
Presented by:
Elaine Talley, M.Ed. J.D.

2. Elaine Talley M.Ed. J.D.
Elaine Talley, M.Ed., J.D., works with schools in conflict resolution as a mediator and IEP Facilitator. She has worked as a mediator and Administrative Law Judge for the State of California. Ms. Talley has provided mediation training for the Administrative Law Judges (ALJs) at the California Office of Administrative Hearings, and was the supervisor of the Special Education Hearing Office mediation program. Ms. Talley holds a Bachelor of Science from U.C. Berkeley, and a Master of Education and a Law degree, both from U.C. Davis. While studying law she emphasized alternative dispute resolution and was a Public Interest Law Scholar. Ms. Talley has been an invited speaker at the Association for Conflict Resolution national conference, the American Bar Association Section on Dispute Resolution national conference, and the Consortium for Appropriate Dispute Resolution in Special Education (CADRE) National Symposium. She can be reached at

3. Workshop Outcomes Materials for use in IEP meetings and staff training
Facilitate idea sharing
Common pitfalls to avoid
Discussion on what to do when the team gets stuck

4. Workshop Guidelines Take responsibility for your own learning
Honor time limits
Participate by sharing your ideas
Listen to others
Have fun

5. Agenda Introductions / Overview / Needs
Understanding Conflict in Special Education
Conflict Theory
Pitfalls to avoid – mistakes were made
ADR models
Wrap Up

6. Introductions
What are your needs/expectations?
Page 9

7. Why is there so much conflict in Special Education?
Context of the conflict
Discussion

8. Causes of Conflict in SE
FAPE – best vs. appropriate
Complicated and confusing law
Site v. District
Grief
Underlying Interests and Skill Sets of Teachers/Educators
Disabilities
Lack of funding

9. Causes of Conflict in SE continued
Parents think they should know it all
Information is complicated
Special education v. general education
IEP Meeting is deficit-focused

10. Conflict Around Expectations
Typical Student
Student with a Disability

11. Role of Grief in Special Education
The dream of the “perfect” child
Denial
Anxiety
Fear
Guilt
Depression
Anger
Acceptance

12. Conflict Theory
Cognitive dissonance – mental stress caused by holding two competing beliefs
Reactive devaluation – rejecting a proposal based on who proposes it
Self-serving bias – the tendency to claim more responsibility for successes than failures

13. Human Behavior People avoid making decisions
People act out of self-interest.
When two people have a dispute, it can’t be resolved until both parties decide to resolve it.
When two people have a dispute, they can’t resolve it until some of the mistrust has been eliminated.

14. Human Behavior continued
People tend to carry out decisions they helped formulate.
People do not like to be told what to do.
Disputes are not resolved by dwelling on the negative. They are resolved by discovering preliminary areas of agreement, accentuating the positive, and expanding small agreements into larger ones.

15. Human Behavior continued
In the end, regardless of the type of case or where it comes from, the dispute belongs to the disputants. It is not the mediator, judge, or lawyers who have to live with it.
No settlement agreement is entered into without some doubt or reservation.

16. Use an IEP Agenda Provides a roadmap
If you post it on the wall, provides a third point of focus
Logical sequence allows appropriate decision-making

17. Sample IEP Agenda Introductions – purpose of meeting
Information about Student – assessments, progress, etc.
Goals – clear and measurable and including baselines
Transition Plan – if student will be 16 before next annual meeting
Placement and Services – to help student meet goals – in LRE

18. Meeting Norms
Get agreement from everyone at the beginning of the meeting.
Ask if anyone has another meeting norm he or she would like to suggest.
Refer back as needed throughout the meeting.

19. Sample Meeting Norms Student-centered discussion
One person speaks at a time
Listen to others
Ask and welcome questions
Honor time limits and stay on task

20. Nine Rules for Effective IEPs
Agree on Norms
Agree on Agenda
Use Visuals
Share responsibility
Use active listening
Help clarify interests, not just positions
Give the discussion time
Check for understanding
Build and celebrate small agreements

21. Avoid these Common IEP Pitfalls
“The team agrees”
Using jargon and acronyms
Failing to provide a roadmap
Not having all team members
Making decisions based on district need or availability of service
Not allowing, or not documenting, Meaningful Parent Participation
p. 47, p. 66

22. Avoid these Common IEP Pitfalls
Not being clear in the offer of FAPE
Making more than one offer of FAPE
Goals – no baseline, not measurable
Rushing through the meeting
Not sharing information with family prior to the meeting
Forgetting to take a break if needed
Failing to communicate with parents p

23. Common Mistakes Between Meetings
, social media
Keeping secrets
Not speaking up during meeting
Not saying “no” when that is what you think you are saying
Not knowing about accommodations
Not providing accommodations

24. Common Mistakes Between Meetings (cont’d)
Forgetting about promises made during the meeting
Believing parents will continue to pay for services that may need to be provided by the IEP
Failing to communicate with parents
Failing to maintain a positive relationship with parents

25. District’s Obligation to Make an Offer
Work toward consensus
When you cannot reach agreement
District has an obligation to make an offer of a Free Appropriate Public Education p

26. Alternative Dispute Resolution
Facilitated IEPs
Local mediation
Mediation only – through OAH

27. Questions?

28. Thank You