1. Connecting Research to Practice for Teacher Educators

2. DeAnn Lechtenberger — Principle Investigator Nora Griffin-Shirley — Project Coordinator Doug Hamman — Project Evaluator Tonya Hettler—Grant Manager Financial Support for Project IDEAL is provided by the Texas Council for Developmental Disabilities, with Federal funds* made available by the United States Department of Health and Human Services, Administration on Developmental Disabilities. *$599,247 (74%) DD funds; $218,725 (26%) non-federal resources. The views contained herein do not necessarily reflect the position or policy of the funding agency[s]. No official endorsement should be inferred. 2

3.  A problem-solving intervention  For developing solutions  Useful in almost any dispute or conflict  Can be used anywhere  Includes a neutral third party 3

4.  Alternative Dispute Resolution (ADR)  ADR is a continuum of methods to resolve disputes  Mediation is an option available and is one of the broad ADR options 4

5.  Mediation is one method for encouraging school districts and parents to resolve special education disputes.  The goal is to reach a conclusion that both parties find acceptable. (Marchese, 2001)  One goal is to reach a resolution without continuing to a due process hearing or civil proceeding (Senate Report, 1997).  IDEA 2004 encourages the use of mediation for resolving complaints. 5

6.  Mediation may occur any time.  When a dispute resolution occurs through due process or civil proceedings, the court system is involved.  Remember, “the wheels of justice move slowly.” 6

7.  If the agreement between the two parties is reached, the agreement is binding.  Consequently, due process is not available following an accepted mediation agreement on the same set of facts. 7

8.  Developed by Moore (1986)  Introductory statements  Each participant’s initial presentation  Opportunity to meet in a two-way meeting with both participants and mediator  Opportunity for participants to meet individually with mediator  The goal of the meetings is to define and clarify the problem and issues 8

9.  Generate solution options  If agreement is accepted by both participants, agreement terms are clarified  Duties for each party assigned  If no agreement is accepted, future problem- solving methods are discussed 9

10.  Texas Education Agency (TEA) provides mediation at no cost to either district or parent  Voluntary  Informal  Goal: reach agreement regarding a specific student’s special education program 10

11.  Remains neutral and impartial  Creates a safe environment for open interaction  Assists parties to reach their own resolution  Is trained in mediation  Knowledgeable about special education  Identifies points of agreement  Clarifies options  Mediator does not offer legal advice or propose a solution that favors either party. 11

12. http://ritter.tea.state.tx.us/special.ed/medcom/ medinfo.html 12

13. Prior to mediation:  Establish a positive relationship with parent  Address special education concerns through regular contact  Maintain open communication with parent  Maintain documentation of efforts to provide a beneficial program for the student  Try to understand the underlying concern, not just the obvious concerns 13

14. Prior to mediation:  Identify issues for discussion  Inform mediator of individuals invited to session  Focus on student needs and potential reasonable solutions  Clear schedule of time constraints  Ask the mediator about the specific structure for the mediation session 14

15.  In a TEA mediation session, an attorney may be present.  The party inviting the attorney will be responsible to pay the attorney fees. 15

16.  A neutral third party may help the participants reach an agreeable settlement.  Mediation may be an opportunity for the parties to sit down together to resolve their differences. 16

17. DeAnn Lechtenberger, Ph.D. Principle Investigator deann.lechtenberger@ttu.edu Tonya Hettler, Grant Manager tonya.hettler@ttu.edu Webpage: www.projectidealonline.org Phone: (806) 742-1997, ext. 302 The views contained herein do not necessarily reflect the position or policy of the funding agency[s]. No official endorsement should be inferred. 17