Exceptional Children:How to Effectively Manage

Parental Concerns and Complaints

Carol Ann M. Hudgens, Ed.SSection Chief: Policy, Monitoring and Audit Section

Exceptional Children Division

Agenda

• Compliance is Critical

• Procedural Mistakes

• Early Resolution

• Formal Resolution

• Conflict Prevention: Effective IEP Meetings

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Compliance is Critical

Office of Civil Rights

Dear Colleague LetterMay 14, 2014

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“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.”

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Procedural Mistakes

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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”

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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

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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

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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

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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

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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

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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

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Informal Resolution

Early Resolution

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Informal Dispute Resolution

• Parent-Teacher Conference

• Parent-Administrator Conference

• Parent-EC Coordinator Conference

• Collaboration with EC Division Consultants

• IEP Meeting

• Facilitated IEP Meeting

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Informal Dispute Resolution

Parent Phone Calls Parent Conferences

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

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Facilitated IEP Team Meetings (FIEP)

Request for an FIEP

Scheduling the FIEP

Mediation

Formal State Complaint

Due Process Hearing

Formal Resolution

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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.

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Mediation

Request for Mediation

Scheduling the Mediation

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.

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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.

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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)

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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

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Due Process

Upon receipt of request, the LEA has to respond within

The LEA must schedule a resolution meeting within

Call your attorney!!

Early Warning Signs

Clear Communication

Effective IEP Meetings

Conflict Prevention

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Early Warning Signs

• Body language

• Request to tape the meeting

• Advocates

• Attorneys

• Tone of voice

• Emotional statements

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Clear Communication

• Includes– Active listening – Respect– Clarifying questions– Summaries– Consideration of other’s needs– Ensures understanding

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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

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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

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Effective IEP Meetings

• Provide a clear purpose to the meeting

• Clarify roles

• Encourage the participation of all team members

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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

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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

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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…”

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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

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Consultants for Dispute Resolution• Leigh Mobley

– 919.807.3978– leigh.mobley@dpi.nc.gov

• Bill Elvey– 919.807.4059– bill.elvey@dpi.nc.gov

• Arianna Dunne– Start date: January 12, 2015

• Melvin Diggs– Start date: January 26, 2015

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