1. Mediation as it relates to students with disabilities COMM 522: Mediation Theory and Practice Instructor: Dr. Brian L. Heisterkamp By Cynthia J. Spence

2. 3/3/2016 2 History Equal Educational Opportunities Act of 1977 –Children with disabilities were given the right to have a group of interested parties meet together to plan the child’s educational program. Individuals with Disabilities Education Act of 1990 –Designed to protect the rights of students with disabilities by ensuring that everyone receives a free appropriate public education, regardless of ability.

3. 3/3/2016 3 History Individual Education Plan (IEP) –Each public school child who receives special education and related services must have an Individualized Education Program. Each IEP must be designed for one student and must be a truly individualized document.

4. The Goal “The family and school team working together amicably sharing visions and goals, and ultimately making decisions collectively.” Mueller (2009)

5. When it Works http://www.youtube.com/watch?v=ji3R30PT1PQ

6. Understanding Disabilities http://www.youtube.com/watch?v=SH3vt-XrkEs

7. 3/3/2016 7 The Problem - Disagreements Student Assessment Student Instruction Accommodations Services

8. Discrepant Views Parents report the school only focuses on the child’s deficits instead of viewing the child as an individual with unique talents and abilities. Schools report that parents are “single- minded” and reject good suggestions. –Jeannie F. Lane and Bonnie S. Billingsley

9. CADRE Center for Appropriate Dispute Resolution in Special Education. –Funded by the U.S. Department of Education http://www.directionservice.org/cadre

10. Examples of Mediation Parent/Teacher Conference with third party –Possibly the Principal or Counselor Formal IEP Meeting at school site. –May include an expert representative invited by the parents or the school. Carter 2002 3/3/2016 10

11. 3/3/2016 11 Examples of Mediation Voluntary Mediation –Impartial Mediator paid for by the state –Both sides must agree –Confidential State Complaint –School has violated a requirement of IDEA Due Process Complaint

12. 3/3/2016 12 Examples of Mediation Resolution Session – Mandatory meeting that must convene with 15 days of receiving the parents’ due process complaint. –Parents and school district can jointly refuse – Not confidential –May include Lawyers

13. The Mediators Must be knowledgeable about special education law and trained in mediation techniques. Are paid for by the state. Must follow established procedures for mediation.

14. Likely to be Resolved Need for more services Classroom placement Eligibility

15. Not Likely to be Resolved Assignment to a particular teacher Hiring or firing of school staff School Assignment

16. SPECIAL EDUCATION DIVISION QUARTERLY DATA REPORT SECOND QUARTER 2009- 2010 FISCAL YEAR October 1, 2009 - December 31, 2009 Thank you Gail!

17. SPECIAL EDUCATION DIVISION Fiscal Year 2009- 2010 – 1280 Total Filings –July-December Fiscal Year 2008- 2009 – 2720 Total Filings

18. Financial Impact Costs per hearing can range between $50,000 to $100,000 School districts spend $90 Million a year in conflict resolution! Mueller (2009)

19. SPECIAL EDUCATION DIVISION Fiscal Year 2009-2010 – July-December »Mediation = 95 »Due Process Hearing = 1165

20. SPECIAL EDUCATION DIVISION For the 2009-2010 fiscal year, Office of Administrative Hearings has conducted 696 mediations (resolution Sessions), with 404 resulting in an agreement and 292 resulting in impasse. The overall mediation success rate for fiscal year 2009-2010 is 58 percent.

21. Mediation Recommendations A Neutral facilitator –Take notes –Summarize what others have said An agenda –Identify the issues “Parking Lot”

22. Mediation Recommendations Ground Rules –All team members share their ideas –Build on the ideas shared by others Hospitable environment –Provide paper and pens for everyone –Place a picture of the student at the center of the table –Provide drinks and snacks

23. Let’s Help Coby Watch the video, take notes and summarize the two positions. List the top three items you believe should be discussed in order of importance. List “parking lot” items that should be discussed after the main issues have been dealt with.

24. Class Project http://www.directionservice.org/cadre/PAvideo.cfm