2018 Alternative Dispute Resolution (ADR) Conference Conflict Can Occur Before, During or After an IEP Meeting Pamela Ptacek Blatt & Malisa Burkhart March 9, 2018
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 Pamela Ptacek Blatt, SELPA Director Napa County SELPA pblatt@napacoe.org 2
North Region SELPA [Special Education Local Plan Area Alameda * Albany * Berkeley * Emery * and Piedmont School Districts] www.northregionselpa.org (510) 525-9806 Malisa Burkhart, Program Specialist, North Region SELPA mburkhart@ausdk12.org 3
Time spent in preparation prior to the meeting significantly reduces the need for recovery following the meeting process. 4
Outcomes 5 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 ongoing effective communication
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 on 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? 9
The Purpose Of An Alternative Dispute Resolution Program 10 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.
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 12 Ø Implementation of the IEP Ø Adherence to timelines Ø Provision of related services Ø Interim placements FAPE Program Ø Implementation of agreements and orders Services Communication Ø Request for records Ø IEP Team membership
IDEA 13 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 outcomes and a smooth transition
Challenges at IEP Meetings 14 Ø FAPE vs. wanting the best Ø The laws and confusion they create for everyone
Rowley Standard 15 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 or service
Rowley Standard 16 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).
Rachel H. Case (LRE) 17 Were Rachel’s disabilities so severe that she would receive 1. 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?
Then – the Endrew Decision 18 School districts must offer an IEP reasonably calculated to enable a child to make progress in light of child’s unique circumstances.
Implications for School Districts 19 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
Endrew Decision 20 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
What is “Reasonably Calculated?” 21 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
“Reasonable Calculation” 22 Services were planned to support: 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 Ø 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.
Effective Implementation of the IEP 23 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
Why Is Transition Training Necessary? 24 Because of the alarming statistics about poor student outcomes 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.
National Statistics 25 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
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 29 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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