Dispute Resolution Under the IDEA: Understanding, Avoiding, and Managing Special Education Disputes

This one-of-a-kind, comprehensive resource provides all the information necessary both to avoid and to prepare for special education disputes. This book ensures that all parties receive the necessary information prior to proceeding to complaints, mediations, or hearings. While incorrect or inadequate information can lead to an inappropriate education for students with disabilities, correct information can enhance the education of students with disabilities and help to ensure the legal mandates guaranteed by the federal law. To avoid dispute resolution, it is critically important that education personnel understand how to ensure compliance with significant aspects of the Individuals with Disabilities Education Act. Administrators and teachers must know (a) how to prepare for a state complaint investigation, mediations, and due process hearings, (b) what is involved and what is expected in each, and (c) what happens at the conclusion of the complaint investigation, mediation, or due process hearing. Written for all parties—special education administrators, principals, building administrators, teachers, and parents—this resource provides information about the dispute resolution systems: what is involved, how to prepare, the conduct of the complaint investigations, mediations, and due process hearings. Notably, the authors discuss how disputes can be avoided, but also when they occur, how school staff can to continue to work with productively with parents after the complaint or hearing.

Table of Contents:
Introduction Chapter 1: An Overview of the Individuals with Disabilities Education Act and Dispute Resolution Advance Organizers The Legal Development of Special Education The Courts and Special Education Pennsylvania Association for Retarded Citizens v. Pennsylvania (1972) Mills v. Board of Education (1972) Congress and Special Education Education for All Handicapped Children Act of 1975 (EAHCA) Primary Components of the IDEA Free Appropriate Public Education Evaluation Least Restrictive Environment Procedural Safeguards What is the Dispute Resolution System of the IDEA? Conclusion References Chapter 2: Avoiding Dispute Resolution Advance Organizers The Critical Importance of a Good Parent-School Partnership Factors that Contribute to Establishing Meaningful Parent-School Partnerships in Special Education Communication Be Friendly Listen Be Clear Be Honest Provide and Coordinate Information Commitment Equality Skills Trust Respect Summary: Factors that Contribute to Establishing Meaningful Parent-School Partnerships in Special Education Factors that Contribute to Parent-School Conflicts in Special Education Strategy #1: Provide Training to Administrators and Teachers on Conflict Resolution Procedures Strategy #2: Recognize Situations that Lead to Parent-School Conflicts Discrepant View of a Child or a Child’s Needs Lack of Problem-Solving Knowledge Service Delivery Constraints on Resources Devaluation of the Parent-School Partnership Reciprocal Power Trust and Communication Summary: Factors that Contribute to Parent-School Conflicts in Special Education Alternative Dispute Resolution Mechanisms Strategy #1: Be Prepared for Possible Contentions IEP Meetings Strategy #2: Listen Carefully and Be Willing to Resolve the Dispute Strategy #3: Use an Ombudsperson Strategy #4: Use IEP Facilitation Summary: Alternative Dispute Resolution Mechanisms Conclusion References Chapter 3: State Complaints Advance Organizers Why are States Required to Development and Implement Complaint Procedures? What is a State Complaint? Who May File a State Complaint? The Advantages of Filing a State Complaint Tips on Completing a State Complaint The SEA Complaint Resolution Process Differences Between a State Complaint and a Due Process Hearing Conclusion References Chapter 4: Mediation Advance Organizers What is Mediation? Mediation as a Process Why Choose Mediation? Step One: The Beginning of a Mediation Session Step Two: The Specifics of the Issue Being Mediated Step Three: Conduct the Mediation Session Preparation for Mediation First: Focus on Purpose Second: Clarify the Issues Third: Develop an Index of Documents Fourth: Develop a Summary Fifth: State Your Issues Sixth: Plan Sufficient Time for the Process Seventh: Attendees at the Mediation Eighth: Review the Procedural Safeguards Ninth: Focus on Your Goals What Makes for an Effective Mediation? Mediation Agreements Conclusion References Chapter 5: The Resolution Meeting Advance Organizers Resolution Meetings The Courts and Resolution Meeting Participants in the Resolution Meeting Reaching a Resolution Agreement Benefits of Resolution Meetings Preparing for a Resolution Meeting Conclusion References Chapter 6: Settlement Agreements Advance Organizers The Purpose of a Settlement Agreement Settlement Agreements and Mediation Settlement Agreements and Resolution Meetings The Contents of a Settlement Agreement Enforcement of Settlement Agreements Conclusion References Chapter 7: Due Process Hearings Advance Organizers Due Process Hearings One Tier and Two Tier Due Process Hearing Systems What Is Meant by Special Education Due Process? The Qualifications and Independence of the Hearing Officer Procedural and Substantive Issues Who May Request a Due Process Hearing? Timeline of a Due Process Hearing Notice of a Due Process Hearing Sufficiency Challenge Amended Due Process Hearing Complaint Preliminary Meetings/Prehearing Due Process Hearing Conference Prehearing Subject Matter Disclosure of Exhibits, Witness List, and Introduction of Evidence Stay-Put Rule Due Process Hearing Basics The Conduct of the Due Process Hearing The Burden of Proof in a Due Process Hearing Hearing Officers’ Ruling Civil Action Conclusion References Chapter 8: What to Expect in a Due Process Hearing Advance Organizers Before the Hearing Location The Actual Hearing Stipulations Opening Statements Presentation of Witnesses Sequestration Witness Offer Expert Testimony Exhibits Expedited Hearings Closing Statement Written Closing Statements Hearing Officer Ruling Appeal Implementing the Decision Conclusion Chapter 9: Expert Testimony Advance Organizers Ethical Considerations Expert Testimony and the Law What is an Expert Witness? Conflicting Experts Special Education Expert Witness and the Supreme Court Position on Expert Witness Feed of the Council of Parent Attorneys and Advocates Expert Witness v. Lay Witness Testifying as an Expert Witness Scheduling Issues Mutually Agreed Upon Experts Conclusion References Chapter 10: Witness Preparation for a Due Process Hearing Advance Organizers The Basics of Testimony Direct Examination Cross-Examination Preparing Witnesses for Testifying The Importance of Thorough Preparation The Process of Testifying What to Take to the Witness Seat? Making an Impression Conclusion References Chapter 11: School District Preparation for Due Process Hearings Advance Organizers Prevention The Due Process Hearing Complaint Preparing for a Due Process Hearing Notifying and Interviewing Personnel who may be Involved in the Hearing Superintendent of the School District Attorney for the School District Insurance Carrier for the School District Principals, Teachers, and Others who may be Involved Gathering Relevant Documents Anecdotal Notes Emails and Correspondence After a Hearing Reviewing the Hearing Officer’s Order Addressing Staff Morale Addressing Inappropriate Actions by School Personnel Providing Staff Development Rebuilding Relationships with Parents Adjusting Policies and Procedures Conclusion References Chapter 12: Parent Preparation for a Due Process Hearing Advance Organizers Why Parents File Due Process Complaints Strategies for Improving Collaboration Strategy #1: Stay Child-Centered Strategy #2: Treat Others Respectfully Strategy #3: Meet Face-to-Face Strategy #4: Contact the Correct School District Personnel Strategy #5: Identify the Primary Issue Strategy #6: Do Your Research Strategy #7: Have Follow-Up Meetings Deciding to Request a Due Process Hearing Pre-Hearing Request Steps Step One: Identify the Issue Step Two: Consider the Outcome Step Three: Gather and Organize All of the Files Step Four: Review the Files Step Five: Organize Step Six: Table of Contents Step Seven: Review Your Documents Deciding on Hiring an Attorney Choosing an Attorney Pro Se Representation Positive Aspects of Proceeding Pro Se Negative Aspects of Proceeding Pro Se Additional Advice for Parents Filing a Due Process Complaint Consider Settling the Dispute Participating in a Due Process Hearing Conclusion References Chapter 13: How to Read a Due Process Hearing Decision Advance Organizers What is a Decision? How to Read a Decision Part One: Cover Page Part Two: Executive Summary Part Three: The Issues in the Case Part Four: The Facts of the Case Part Five: Discussion and Conclusion of Law Part Six: The Hearing Officer’s Order What Happens After the Decision? Conclusion Chapter 14: After a Due Process Hearing Advance Organizers The Relief that a Hearing Officer May Order Appealing a Due Process Hearing Decision Should There Be an Appeal? Appealing a Hearing Officer’s Decision The Appeals Process Information in an Appeal of a Hearing Appellate Briefs The Transcript of the Due Process Hearing After Appealing a Court Decision Learning from a Due Process Hearing or State Complaint Plane v. Car Crash Analogy Opportunities to Learn from Due Process Hearings and State Complaints Expenses to be Weighed Conclusion References Appendix A: Settlement and Release Agreement Appendix B: Due Process Hearing Decision Appendix C: Letter from a Hearing Officer to Parent Appendix D: Opening Statement of Hearing Officer Appendix E: Glossary of Legal Terms for Hearings References Index About the Authors