Conflict Resolution:An Overview

A Parent Training WebinarSeptember 11, 2012

Presented by Andrew EulassDue Process Coordinator

Illinois State Board of Education

What

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arn

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We have two principal objectives today:

To give a detailed overview of each type of conflict resolution process available today in Illinois

To give you the ability to compare each type of conflict resolution and to decide which one might be the best for you if you encounter a conflict with your school district

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Before pursuing a formal process such as Mediation, a State Complaint or Due Process, it may be worthwhile to ask yourself whether there are informal things you can do to address the problem you’re facing.

Informal steps can take a variety of forms:

Informal discussions with the head of the IEP team

Seeking a further conversation with the school district administration (primarily the director of special education)

Contacting the special education cooperative (if your district is in a coop).

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Going through informal steps to resolve the dispute has two purposes:

To possibly reach a faster and more mutually acceptable solution to the problem

It will provide you with the ability to say to a Mediator, Complaint Investigator or Hearing Officer that you’ve done everything possible to resolve the matter on your own before using a formal process

Dis

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When disputes arise between parents and school districts, the parties have three possible ways to resolve the dispute

1. Due Process Hearing Requests

2. Mediation

3. State Complaints

Dis

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Each separate resolution mechanism has certain advantages and disadvantages in terms of time, effort and financial cost

Think carefully about the time, effort and cost associated with each mechanism before you decide to initiate it

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Rela

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Due Process

ComplaintsMediation

The N

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bers Year (7/1-6/30)

Total DP Hearing

Requests

Total Mediations

Total State Complaints

2008-09 352 174 124

2009-10 331 164 120

2010-11 298 180 106

Due P

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Due process hearings are designed to decide issues affecting the placement of individual children

The only parties entitled to file due process requests are parents/ guardians or school districts

Results in a legally binding decision on both parties, unless the decision is changed or overturned on appeal

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Parent requests may be filed based on any disagreement affecting any aspect of the student’s special education program

Parent requests must be in writing directed to the attention of the superintendent of the student’s home school district, setting forth the grounds for the request

Upon receipt of a parent request, the school district is responsible to convey the request to ISBE within five days of receipt

A request form for parents to start due process is found here: http://www.isbe.net/spec-ed/pdfs/dp_parental_19-86a.pdf

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School district requests can be based on only three issues:

1. Authorization to conduct a case study evaluation

2. Refusal to provide a school-financed independent evaluation

3. Authorization to place a student in an IAES

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Hearing officers Are of various backgrounds (lawyers,

teachers, diagnosticians, school administrators)

Appointed by ISBE on a random basis

Cannot have had a former association with the school district

Each party has one no-questions-asked right to strike a hearing officer within five days of notification of the appointment

Reso

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In 2004, IDEA added a 30-day resolution timeline prior to the triggering of the 45-day hearing timeline in due process disputes

Resolution process is only required in due process proceedings (no similar requirement in State complaints)

Requires an initial meeting between the parties to take place no later than 15th calendar day after a due process hearing is initiated

Parties have up until the 30th day after the initiation of the due process hearing to resolve the dispute under the resolution process format

Any agreement reached between the parties must be in writing and signed by each side. The agreement can be cancelled within 3 business days by either side in writing.

The agreement is enforceable in court.

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Pre-Hearing Conferences

Required conference between the hearing officer and the parties before the actual hearing can occur

Matters that are discussed in the conference:

Issues in dispute

The action(s) the parties want the hearing officer to order

Discussions concerning the witnesses and documents each party will use

Whether the parties will be using legal representatives or advocates at hearing

The scheduling of the hearing

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The Hearing

Five days prior to hearing, each side must submit a final witness list and the documents each side may use as evidence at the hearing

Occurs no sooner than fourteen days following the pre-hearing conference

Who goes first? Typically the side who filed the hearing request.

Witnesses (under oath) may be questioned, then cross-examined by the opposing party

A transcript of the hearing is maintained by a court reporter

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Hearing Officer’s decision will be issued in writing to the parties within 10 days of the hearing

Each party has a right to seek “clarification” of any aspect of the decision from the hearing officer in writing within seven days of the decision

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The non-prevailing party has a right to seek an appeal of the decision in either State or Federal Court within 120 days of the date of the decision

At the end of all proceedings, if the parent is the prevailing party, the parent has a right to seek recovery of attorneys fees from the district

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Strengths Suited to issues

for individual students

Legally binding

Appeal rights

Allows for use of legal representatives or advocates

Weaknesses Time consuming,

especially with appeals

Can be very costly

Can be legally binding on you

Can result in bad feelings

Media

tion

State-sponsored process designed to allow parties to resolve disputes through voluntary agreements

Agreements are put in writing and signed by the parties

Can be done regardless of whether due process or a complaint is pending

Media

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Both parties must agree to participate

Initiated by as little as a phone call to the ISBE

ISBE mediator is used to facilitate agreements between parties

Group discussions and “caucusing”

Media

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Differences between Mediation and Resolution Session

No mediator involved in resolution

No attorneys involved unless the parent choose to bring an attorney

Parties are responsible for drafting the agreement in resolution

Media

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Strengths Can resolve issues

before they go to due process or complaint

Quick and inexpensive

Non-adversarial – parties agree because they want to agree

Weaknesses Voluntary – no

means to compel the other side to do anything

Enforceability of the agreement is still subject to debate in Illinois

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Process designed to resolve allegations that the rights of one or more students (or their parents) with disabilities are being violated

A complaint can be filed by any one with knowledge of the issues

Complaints are made in writing and filed directly with the ISBE

ISBE Complaint Form: http://www.isbe.net/spec-ed/pdfs/complaint_form.pdf

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An ISBE investigator may review documents, interview people and conduct any other appropriate investigation necessary to decide the issues in question

Decisions must be issued within 60 calendar days of the receipt of the complaint unless an extension of time is required because of compelling circumstances

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Decisions will specify detailed findings of violations and specific corrective actions which the school district must complete to address the findings

No formal appeals are provided under complaint rules

If a due process request is pending, the complaint will be put on-hold during the hearing process

The complaint investigator must defer to the decision of the due process hearing officer

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A parent may still file for due process after a complaint, but the decision of the investigator can be used as evidence at the due process hearing

On the flip side, if a parent files a complaint on an issue that was decided in due process, the investigator is bound by the decision of the due process hearing officer

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Strengths Particularly useful

when addressing systemic issues

Often quicker than due process

Usually far less costly than due process

Can be filed by any person with concerns about special education

Weaknesses Somewhat

limited opportunities for you to make your case

No appeals

May compromise your due process request if you file for due process on the same issues later

Use

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Here are a few places where you can get more information on the topics we discussed today:

ISBE Educational Rights:

http://www.isbe.net/spec-ed/html/parent_rights.htm

CADRE

http://www.directionservice.org/CADRE/

NICHCY

http://nichcy.org/laws

Quest

ion

s or

Con

cern

s?

Feed

back

?

Andrew Eulass

Due Process Coordinator

Illinois State Board of Education

aeulass@isbe.net

217-782-5589