1. 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

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

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

5. “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.”

6. Procedural Mistakes

7. 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”

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. Early Resolution
Informal Resolution

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

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

17. 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

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

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

21. 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.

22. 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

23. 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.

24. 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.

25. 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)

26. 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

27. 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

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

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

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

31. 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

32. 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

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

34. 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

35. 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

36. 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…”

37. 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

38. Consultants for Dispute Resolution
Leigh Mobley
Bill Elvey
Arianna Dunne
Start date: January 12, 2015
Melvin Diggs
Start date: January 26, 2015