2018 Alternative Dispute Resolution (ADR) Conference Conflict Can - - PowerPoint PPT Presentation

Conflict Can Occur Before, During or After an IEP Meeting

2018 Alternative Dispute Resolution (ADR) Conference

Pamela Ptacek Blatt & Malisa Burkhart

March 9, 2018

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Pamela Ptacek Blatt, SELPA Director Napa County SELPA pblatt@napacoe.org

Napa County SELPA [Napa Valley Unified, St. Helena Unified, Calistoga Joint Unified, Howell Mountain Elementary and Pope Valley Union School Districts] https://www.napacoe.org/programs-schools-districts/selpa/ (707) 253-6807

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Malisa Burkhart, Program Specialist, North Region SELPA mburkhart@ausdk12.org

North Region SELPA [Special Education Local Plan Area Alameda * Albany * Berkeley * Emery * and Piedmont School Districts] www.northregionselpa.org (510) 525-9806

Time spent in preparation prior to the meeting significantly reduces the need for recovery following the meeting process.

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Outcomes

Participants will:

1.

Understand the importance of an IEP that provides educational benefit and is student focused

2.

Learn how to facilitate a parent friendly IEP meeting with increased parent engagement

3.

Receive effective techniques for successful IEP team meetings using preventions & interventions

4.

Learn the importance of progress monitoring and

• ngoing effective communication

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What We Know About Parents & The IEP Process

Parents feel…..

Ø Excluded Ø Powerless Ø Confused Ø Overwhelmed by paperwork Ø Outnumbered

Childre & Chambers, 2005; Mueller, 2017; Mueller & Buckely, 2014; Spann et al., 2003; Zeitlin & Curcic, 2014)

Interests ~ Abraham Maslow’s Hierarchy of Needs

Ø Basic physiological needs Ø Need for safety and security Ø Need to belong and be loved Ø Need for respect and to be counted Ø Need to know and understand Ø Need for an aesthetic quality in our life Ø Need for self-actualization

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Reflections

Ø What creates stress in the IEP process? Ø What emotional reality does the parent deal with

• n a daily basis?

Ø How does the IEP process increase or decrease

the emotions the parent brings to the meeting?

Ø What is the relationship between the stress and

grieving states that are brought to the IEP process?

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The Purpose Of An Alternative Dispute Resolution Program

To build trusting relationships which fosters a respectful, collaborative IEP process and values the contributions of all participants ~ in order to develop an IEP that ensures educational benefit based on the student’s unique needs.

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Avoiding Formal Complaints

Ø CDE

○ When there is an alleged violation of federal or state law: when the

district has not followed laws or procedures or has not implemented what is already specifically written into a student’s IEP

Ø OAH

○ When there is a disagreement about what should go into a

student’s IEP, or where to implement the IEP

Ø OCR

○ When there is an alleged violation of discrimination against the

student due to the disability

Most Frequent Allegations

Ø Implementation of the IEP Ø Adherence to timelines Ø Provision of related services Ø Interim placements Ø Implementation of

agreements and orders

Ø Request for records Ø IEP Team membership

Program

Services

Communication

FAPE

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IDEA

Students with disabilities have a right to a free appropriate public education (FAPE)

Ø In the least restrictive environment (LRE) Ø As described in the IEP designed to provide ongoing

“educational benefit”

Ø To progress toward Post-Secondary with positive student

• utcomes and a smooth transition

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Ø FAPE vs. wanting the best Ø The laws and confusion they create for

everyone

Challenges at IEP Meetings

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An appropriate IEP is one that:

Ø Is calculated to provide educational benefit,

according to the student’s individual needs as assessed at the time the offer is made

Ø Is likely to produce more than trivial educational

advancement

Ø No requirement to maximize student's abilities, or

what a parent might choose as an optimum program

• r service

Rowley Standard

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Ø Does not rely solely on grade advancement as a

measure of progress; and

Ø Places the student in the LRE, even if superior

educational benefit might result from a more restrictive placement

Fuhrmann v. East Hanover Bd. of Educ., 993 F.2d 1031 (3rd Cir. 1993); Board of Educ. v. Diamond, 808 F.2d 987 (3rd Cir. 1986); Hall v. Vance Cty. Bd. of Educ., 774 F.2d 629 (4th Cir. 1985); Walczak

• v. Florida Union Free Sch. Dist., 142 F.3d 119 (2nd Cir. 1998); Gregory K. v. Longview Sch. Dist., 811

F.2d 1307 (9th Cir. 1987).

Rowley Standard

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Rachel H. Case (LRE)

1.

Were Rachel’s disabilities so severe that she would receive little or no benefit from placement in general education?

• 2. Were Rachel’s disabilities so severe that she would receive

little or no non-academic benefit from placement in general education?

• 3. Did Rachel have a negative effect on other children in the

general education placement?

• 4. Was the cost of educating Rachel in general education too

burdensome for the district?

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School districts must offer an IEP reasonably calculated to enable a child to make progress in light

• f child’s unique circumstances.

Then – the Endrew Decision

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The Endrew decision underscores the importance of thorough assessments and reassessments to ensure an understanding of the student’s “circumstances” when developing or revising the IEP.

Fagen Friedman & Fulfrost

Implications for School Districts

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Endrew Decision

Districts should also take steps to improve their record- keeping and reporting on the child’s progress toward his or her IEP goals throughout the year and should reconvene the IEP team as necessary to review the goals and progress “ light of the child’s circumstances”.

Fagen Friedman & Fulfrost

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Based on procedural requirements, including:

• 1. The assessment is complete and the child is assessed in

all ll areas of suspected disability

• 2. The IEP team has established present levels based on

assessments

• 3. The IEP team identifies areas of need based on present

levels and related to:

Ø the child’s disability Ø involvement and progress in the general curriculum

• 4. Goals are established in each need area

What is “Reasonably Calculated?”

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Services were planned to support:

Ø

Progress towards all goals

Ø

Progress in the general curriculum

Ø

Participation in the regular education environment

Ø

Education with other students with disabilities and typically developing peers The IEP Team reviewed the child’s progress and adjusted the child’s IEP if progress was not made or to address other needs.

“Reasonable Calculation”

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Effective Implementation of the IEP

Ø Assessment in all areas of suspected disabilities Ø Progress monitoring in order to make necessary adjustments

and promote access to general education curriculum

Ø Communication of IEP requirements to all educators who

provide instruction and supervision to the student

Ø Fidelity measures to ensure the student is receiving supports

and services as designed

Ø Shared responsibility of all stakeholders

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Because of the alarming statistics about poor student

• utcomes

AND The primary purpose of IDEA is to ensure that special education and related services are designed to meet each student’s needs and prepare them for employment and independent living.

Why Is Transition Training Necessary?

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Ø 20% of working age adults with disabilities are employed

versus 68% of people without disabilities

Ø 25% of people with disabilities live in poverty with average

annual incomes at less than $15,000

Ø 26% high schools offer work-based experiences versus 74%

classroom based learning

Ø 26% of workers with Intellectual Disabilities/

Developmental Disabilities are working in community employment, with the majority still in sheltered and non- work settings

National Statistics

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BEFORE

Ø Intake Ø Evaluating the case, including Educational Benefit

Analysis – triage with team, get their perspective(s)

Ø Where is the breakdown, if there is one? Even if

this means differing perspectives!

Ø Where was the last agreement? Assessment, goals,

services, etc.

Ø Planning for success Ø Getting everyone on the same page

The IEP Meeting Is A Sequential Process

“A journey of a thousand miles begins with a single step.”

(Chinese Proverb)

There are many more process problems than content problems.

Components of Successful IEP Meetings

Pre-meeting Planning – Behind the Scenes:

Ø Send parent packet (meeting notification, parent rights, parent

input questionnaire, teacher appraisals, progress reports and draft goals)

Ø Room set-up Ø Create an inviting atmosphere (have paper & pencil and water

available)

Ø Have agenda, charts and IEP forms ready Ø Be knowledgeable about all background information and

assessments, and be ready to summarize!

Ø Assessment reports: send assessment reports home prior to the

meeting and consider having staff contact the parent to review key points and answer questions

Setting Up for Success

Ø Contact and engage parents to agree on outcomes for

the meeting

Ø Prepare an agenda based on district & parent input Ø Be prepared and organized; share draft IEP (not

services/setting: FAPE Offer)

Ø Make copies of reports, IEP documents, & progress

reports, even if electronic documents were share

Ø Compile student portfolio to have work samples (data

collection) to share at meetings ~ make copies to give parents (and keep copies for documentation)

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Be Proactive

Ø Invite key stakeholders, including agency representatives –

this may include scheduling the meeting around them

Ø Ensure the “administrative designee” can commit

resources and knows the role

Ø While the goal is to build consensus (can we all live

with the plan), the District’s obligation is to provide

• nly one offer of FAPE

Ø Ensure appropriate staff will be in attendance

○ Contact parents prior to meeting if excusals are

required (in part or whole)

○ Have anyone who will not be in attendance reach out to

parent(s) prior to meeting

Progress Reports

Case managers should gather all progress notes from related service providers in order to send them as one packet as report cards are being sent home. It is critical that the progress reports be sent to the parents as scheduled!! These will assist in determining goals for the next IEP as appropriate. IEP teams should reconvene if adequate progress is not being made.

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Progress Monitoring and Charting Educational Benefit

Ø In alignment with general education reporting

periods

Ø Annually Ø Triennial Review Ø If concerned about lack of progress Ø When a compliance complaint or due process

filing occurs

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Why Chart Educational Benefit

Ø Facilitates consistent understanding by parents and

staff

Ø Provides a neutral analysis of student progress Ø Facilitates deeper analysis of trends over time Ø Leads to agreement(s) on supporting evidence of

• utcomes

Ø Provides credibility for conclusions and

recommendations

See Educational Benefit Template!

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DURING

Ø Come on time & honor time limits: start and end Ø Review agenda: parent’s rights, parent’s concerns Ø Add any team members’ concerns into the agenda where it

will be addressed (this strategy really works!)

Ø Have participants describe and define their roles with

student and in meeting

Ø Obtain agreement on meeting norms (how adults work

together)

Ø Be responsive; provide copies of materials for anyone who

needs them

Ø Remain child focused

One Common Interest

The Student

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The Functions Of A Meeting

Ø Participation Ø Process Management Ø Information Management Ø Decision Making

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IEP Meeting Outcomes

By the end of the IEP meeting, we will have:

Ø A better understanding of the student’s needs so

that an appropriate educational plan can be developed

Ø Appropriate and achievable goals that reflect our

high expectation for achievement over the year

Ø Appropriate placement, supports and services to

meet the student’s needs

Ø Clear understanding for follow-up and

communication in the upcoming school year

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Positive Strategies

Ø Be truly welcoming Ø Think about seating arrangements Ø Provide paper and pencil to family for note-taking Ø Have water available (a pitcher and paper cups) Ø Take your time – pay me now or pay me later….. Ø Lower the volume of your voice, if emotions

escalate

Ø When possible, give options to parents

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Effective Communication

Ø Use skills when listening or expressing

messages

Ø Encourage others speak and solve their own

problems

Ø Empathize to understand (Use feeling words) Ø Concentrate on the other person’s need

(Temporarily suspend yours)

Ø Respect others

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Presenting Yourself

First Impressions Happen Only Once!

Ø Establishing healthy, trustworthy, working relationships –

making the connection ~ it’s about the heart!

Ø Providing consistent verbal and non-verbal messages Ø Teaching families to collaborate and use the chain of

commands to resolve differences

Ø Educating families about the IEP process

Rebuilding trust and re-establishing relationships takes extraordinary effort and is then an on-going process!

Respect

Ø Build on Child’s Strengths – we should be

enhancing self-esteem and confidence regardless of the challenges any student faces

Ø Value the families perspectives and

recommendations

Ø Seek to “walk a mile in the families’ shoes” Ø Honor cultural diversity

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Building Parent Trust in the Special Education Setting

Ø Understanding the factors that escalate conflict Ø Trust in problem solving – exploring team members

differences of opinion provide a sense of inclusiveness in the decision-making process

Ø Avoid power struggles (remember, this is not personal):

communicate concerns, ask questions, request reasonable proposals

Ø Build each agreement, one at a time!

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Conflict Has A Purpose

Ø Clarify priorities Ø Bring light to previously hidden issues Ø Help to build trust Ø Allows safe release of emotions Ø Allows positive interactions with others

The Questions

1.

Where Are We?

2.

Where Do We Want To Go?

3.

How Do We Get There?

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Questions to ponder….

Ø What are my goals for the relationship, and how do my

goals for this particular conflict affect them?

Ø Are my expectations positive yet realistic? Ø Is this conflict over one rather isolated event that shows

little consistency with the rest of the relationship, or is it but the latest in a series of conflicts revealing problems within the relationship as a whole?

Questions to ponder….(cont.)

Ø What have I done to contribute to the cause and

perpetuation of the conflict?

Ø What are my “buttons” and how might I recognize

them and deal with them effectively?

Ø In what ways do I need the other party? Ø These are the people that will need to work

together to meet the student’s needs!

Key Concepts in Negotiating Conflict

Ø Maintaining a sense of team, the student’s Ø Focus on interests, not positions Ø Engage in data driven conversations and

decision-making

Ø Promote transparency, understanding & check

assumptions

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Key Concepts in Negotiating Conflict

Ø Level the playing field; treat each other as equal

participants

Ø Learn how to disagree respectfully Ø Agree to identify issues: define the task

Attack the problem, not the person

Ø Build a reservoir of trust and good faith Ø Follow-through and communicate promptly when

• utcomes are different than expected

Negotiating Agreements

Ø Generate options to evaluate that address the interests Ø Know your alternatives (if you can’t reach agreement) Ø Explain how the district’s position relates to improved

• utcomes for the student

Ø Use teachable moments as team building opportunities Ø Look for agreements; write them down and build upon

them

Ø Develop an action plan & implement the plan

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Things To Avoid

Ø Interrupting Ø Thinking ahead while others are speaking Ø Worrying about things you are powerless to change Ø Committing others to a course of action without

consulting them

Ø Promising what you cannot deliver Ø Reacting without thinking Ø Being intimidated Ø Failing to deliver bad news -to be “nice” or protective

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Reacting or Responding Simple Guidelines:

• 1. When feeling triggered, ask a question
• 2. Be curious, not defensive
• 3. Validate other’s feelings
• 4. Keep working to understand underlying

interests

• 5. Keep the focus on the student, not the

adults in the room

Be Solution Oriented – What’s our next Agreement?

Ø Advocate FOR and not just AGAINST things –

what is your “interest”

Ø Propose a trial period when in a dispute over

“appropriate” (i.e., intensity of service), by agreeing on a short-term date to meet and reconsider (3-4 or 6 mos)

Ø Pick your battles—is this a deal breaker? What

does the data reflect?

Finding Win – Win Solutions

“Win-win is a belief in the Third

• Alternative. It’s not your way
• r my way: it’s a better way.”
• Stephen R. Covey

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IEP Meeting Notes

Ø IEP notes are mandated when they add required content

too complicated for the forms

Ø IEP notes are helpful where they document compliance

mandatory procedures

Ø Capture parent input, agreements and any areas of

disagreement!

Ø Does everyone agree that the information accurately

reflects what was discussed and the agreements that were made?

Ø Follow-up with Action Plans to determine who will do

what, by when! Include any “parking lot” items here!

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Ø The parent(s) must sign and date the consent before all

services can be provided.

Ø The parent can agree to parts of the IEP:

The portions of the IEP for which they give consent should be implemented while resolution is sought for areas of disagreement

Next steps for reaching resolution should be specified on IEP Team Meeting Notes

Consent

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Closing The Meeting

Ø Summarize key agreements Ø Ensure necessary documentation is complete Ø Review any Action Plans including next steps for

any unresolved issues

Ø Review the meeting process for what worked and

what can be improved in the future

Ø Thank participants for collaboration and input

AFTER

Ø Implementation of the IEP as agreed – or trust is

gone!

Ø Action Plan and Follow-up of agreements and

timelines

Ø Maintaining parent engagement Ø Progress Monitoring and Communication Ø Reconvene as needed Ø Celebrate successes!

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Action Planning

Action Plans transform Agreements into next

• steps. They help ensure that decisions are

implemented and provide a record of what will be done, by whom, and by when.

Ø Identify what is expected Ø Assign responsibility to an individual Ø Specify startup dates Ø Includes progress check

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Successful IEP Teams Ask the Following Questions:

Ø Are team members working together to

implement the IEP goals?

Ø Do all team members have copies of the IEP? Ø Do teachers’ lesson plans address the IEP goals? Ø Does the instruction focus on the child’s strengths

and needs?

Ø Is the child’s progress being monitored? Ø Are related services in place according to the IEP? Ø Is there any unresolved conflict or dispute?

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Progress Reports

**It is critical that the progress reports be sent to the parents as scheduled!! Copies of the report should be kept to assist in determining goals for the next IEP as appropriate.** IEP Teams should reconvene if adequate progress is not being made.

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Remind Staff To Be Proactive!!!

1.

Return phone calls

2.

Respond to email

3.

Provide information

4.

Keep commitments

5.

Implement agreements

6.

Delegate staff and hold them accountable

7.

Accept responsibility

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Big Picture/Takeaways

Ø Most parents of a student with special needs did not choose this journey Ø This should be a family friendly and child focused process Ø Go slow to go fast ~ effective communication takes time to listen, clarify intent, and reflect Ø Pay Me Now, Or…Pay Me Later ($$$ = Time = Cost Benefit for the 1-5% of difficult IEP team meetings) Ø Ask families what would make the process easier for them, then see if that is doable! Ø Be transparent, sincere & authentic

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A time for reflection….

Think about our current practices

Ø Think about how and why we do things the way

we do

Ø Look at the way we develop and implement IEPs Ø In thinking about these things & making some

changes, we’ll have more successful IEP meetings and develop more meaningful educational plans

Next Steps…..

Ø Of the options reviewed, what do we already

have in place:

at the SELPA level? at the district level?

Ø What else might we consider at the local level? Ø Based on our self assessment, what training do

we need?

Ø Who else needs to be involved?

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Three Things I Will Commit To

Be Specific:

Ø Adding prevention strategies to my toolbox Ø Adding intervention strategies to my toolbox Ø Implementing proactive strategies Ø Working with others to build capacity

• 1. ….
• 2. ….
• 3. ….

BASIC FACILITATION TOOLS

Ø IEP Meeting Outcomes Ø IEP Meeting Agenda Ø IEP Meeting Norms Ø Action Plan

Bonus Materials

IEP Meeting Outcomes

By the end of this meeting, our goal is to have:

Ø A better understanding of the student’s needs so that an

appropriate educational plan can be developed

Ø Appropriate and achievable goals that reflect our high

expectation for achievement this school year

Ø Appropriate placement, supports and services to meet the

student’s needs

Ø Clear understanding for follow-up and communication in

the upcoming school year

The IEP Meeting Agenda:

▪ Welcome/ Introductions ▪ Review meeting outcomes ▪ Review IEP meeting norms ▪ Review/clarify parent rights ▪ Present levels of performance

▪ Parents’ input ▪ Educators’ reports

A road map to a successful journey

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IEP Meeting Agenda (Cont.)

Ø Summary of strengths, challenges and needs Ø Determine eligibility Ø Develop goals Ø Determine services & program placement Ø Determine need for related services Ø Conclusion

○ Confirm agreements ○ Obtain IEP team signatures ○ Develop Action Plan ○ Meeting evaluation

IEP Meeting Norms

Here are the essentials:

Ø We will start and end the meeting on time Ø Stick to the agenda as the road map for the process and

hold others to it

Ø Treat each other with respect both in verbal and physical

language

Ø Let people speak without interruption Ø Keep an open mind Ø We will participate by sharing our views, asking and

welcoming questions

Ø Keep what’s shared confidential Ø Be brief with reports Ø Turn off cell phones

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What Who By When How Measured Action Plan

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