Dispute Resolution Under the IDEA: Understanding, Avoiding, and Managing Special Education Disputes: Special Education Law, Policy, and Practice David F. Bateman Rowman & Littlefield Publishers

Description

This one-of-a-kind, comprehensive resource provides information about the dispute resolution system, including: how to resolve conflicts through collaboration to avoid the dispute resolution process; how to prepare for state complaint investigations, mediations, and due process hearings; what is involved and what is expected in each; and what happens at the conclusion of the complaint investigation, mediation, or due process hearing, including how school staff can continue to work productively with parents. Using this book, readers will understand how to effectively use dispute resolution practices and procedures to facilitate collaborative and positive partnerships between parents and school personnel in order to better serve students with disabilities.

Acknowledgments
Introduction
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 Textbox 1.1. Procedural Safeguards
Textbox 1.2. Procedural Rights of Special Educations Students When Disciplined (IDEA Regulations, 34 C.F.R.§ 530 to 534)
What Is the Dispute Resolution System of the IDEA?
Conclusion
References
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
Textbox 2.1. Important Elements of Prior Written Notice
Equality
Skills
Table 2.1. Resources on Evidence-Based Practices
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
3 State Complaints
Advance Organizers
Why Are States Required to Develop and Implement Complaint Procedures?
What Is a State Complaint?
Who May File a State Complaint?
Textbox 3.1. What Should Be Included in a Complaint?
The Advantages of Filing a State Complaint
Tips on Completing a State Complaint
Textbox 3.2. Tips for filing and Reacting to State Complaints
Textbox 3.3. Possible Allegation in a State Complaint
The SEA Complaint Resolution Process
Textbox 3.4. Special Education Compliant Investigation Report—Complaint Decision
Differences Between a State Complaint and a Due Process Hearing
Conclusion
References
4 Mediation
Advance Organizers
What Is Mediation?
Textbox 4.1. Benefits of Mediation
Mediation as a Process
Textbox 4.2. Rules of Mediation
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
Textbox 4.3. Sample Mediation Agreement
References
5 The Resolution Meeting
Advance Organizers
Resolution Meetings
Textbox 5.1. Timelines for the Resolution Meeting
The Courts and Resolution Meeting
Participants in the Resolution Meeting
Reaching a Resolution Agreement
Benefits of Resolution Meetings
Preparing for a Resolution Meeting
Textbox 5.2. Documents That Parents Should Bring to the Resolution Meeting
Conclusion
References
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
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
Textbox 7.1. Minimum Qualifications of Hearing Officers
Procedural and Substantive Issues
Who May Request a Due Process Hearing? Timeline of a Due Process Hearing Textbox 7.2. Due Process Timelines (IDEA Regulations, 34 C.F.R § 300.508 et seq.)
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
Textbox 7.3. Due Process Rights (IDEA Regulations, 34 C.F.R § 300.512 et seq.)
The Conduct of the Due Process Hearing
The Burden of Proof in a Due Process Hearing
Textbox 7.4. Example of the Flow of a Due Process Hearing
Hearing Officers’ Ruling
Civil Action
Conclusion
References
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
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
Textbox 9.1. COPPA Statement on Expert Witnesses
Expert Witness v. Lay Witness
Testifying as an Expert Witness
Scheduling Issues
Mutually Agreed Upon Experts
Conclusion
References
10 Witness Preparation for a Due Process Hearing
Advance Organizers
The Basics of Testimony
Textbox 10.1. Testifying
Direct Examination
Cross-Examination
Textbox 10.2. Testifying in 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
Reference
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
12 Parent Preparation for a Due Process Hearing
Advance Organizers
Why Parents File Due Process Complaints
Strategies for Improving Collaboration
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
Textbox 12.1. Resources for Parents
Filing a Due Process Complaint
Textbox 12.2. Contents of the Complaint (IDEA Regulation, 34 C.F.R. § 300.508[b])
Consider Settling the Dispute
Participating in a Due Process Hearing
Conclusion
References
13 How to Read a Due Process Hearing Decision
Advance Organizers
What Is a Decision?
How to Read a Decision
Part One: Cover Page
Textbox 13.1. A list of items that may be included on the 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
14 After a Due Process Hearing
Advance Organizers
The Relief that a Hearing Officer May Order
Table 14.1. Relief that Courts 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
Textbox 14.1. Additional Questions Regarding
Changes to Consider Expenses to Be Weighed
Conclusions
References
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
References
Index
About the Authors

Product details

Published	20 Feb 2023
Format	Paperback
Edition	1st
Extent	250
ISBN	9781538156162
Imprint	Rowman & Littlefield Publishers
Illustrations	2 tables; 23 textboxes
Dimensions	223 x 155 mm
Series	Special Education Law, Policy, and Practice
Publisher	Bloomsbury Publishing

With this book, Bateman, Yell, and Dorego offer a much-needed resource for a variety of stakeholders in which they address dispute resolution in a plain-language manner without watering down the essential knowledge and information of this topic. The authors treat the entire range of dispute resolution options, sharing their combined wealth of knowledge regarding multiple processes including the State Complaint Process, which is less often considered and discussed to the extent it is in this text. Readers will note that the information offered may help improve problem solving before litigation is required. They share their advice and strategies with a focus on better services and cooperation among professionals and parents—rather than adversarial processes which are so often the focus of texts. I believe the impact of this book will be a redirection of the collective efforts of stakeholders from time-consuming and costly dispute resolution processes to improved services and instruction for students with disabilities—where it should be.

James G. Shriner, University of Illinois Urbana-Champaign
Bateman, Yell, and Dorego’s new book provides readers with a focused and detailed clarification of a noticeable gap in the special education law and policy research--namely how parents and school officials can use dispute resolution processes under the IDEA to more successfully manage special education disputes. Additionally, the authors provide readers with a clear road map of recommendations based on decades of professional experiences to navigate the myriad and complexity of dispute resolution processes available under the IDEA, including mediation, resolution meetings, and due process hearings. The current evidence is compelling that effective dispute resolution is a cost and time saving alternative to handling special education disputes compared to litigation. One of the central themes of this book is how to effectively use dispute resolution practices and procedures to facilitate collaborative and positive partnerships between parents and school personnel. The result is a successful and appreciated addition to the special education law literature on how to effectively and efficiently use the procedural safeguards of alternative dispute resolution under the IDEA to better serve students with disabilities.

Kevin P. Brady, University of Arkansas; program director, UCEA Center for the Study of Leadership and the Law
The authors provide an outstanding definition of the comprehensive nature of special education law, and offer an array of insights on how to proactively resolve conflict, thus preventing the costly and time-consuming ordeal that litigation involves. This resource is a preventive law jewel indeed.

Joseph 'Rocky' Wallace, PhD, coordinator, Principal Licensure Program; associate professor of Graduate Education, Asbury University
This text is desperately needed: a book dedicated to the appeal process and legal rights of both sides of special education law (specific to IDEA). First and foremost, parents are always looking for resources to improve their understanding of their and their child's rights in the special education process. Readers can find all the information about this topic in one reputable place, follow the law at each step of the process, and understand the process as a whole.

Michelle McKnight, Utah State University
This book explains complex legal processes in terms that can be comprehended by multiple stakeholders including administrators, educators, and parents. Additionally, incorporating the most recent supreme court decisions in the discussion provides relevant, up-to-date context on how the interpretation of IDEA has been impacted by this ruling. This book is written in a fair and equitable tone that respects the rights and responsibilities of both parties and explains the complexities of the legalities in terms that can be comprehended by individuals of varying educational backgrounds.

Gloria Niles, University of Hawai'i
Any educator who finds themselves in the special education arena without the background education or experience to truly understand dispute resolution under the IDEA would benefit from this resource. The authors have provided a clear explanation for the reasons for the dispute resolution process, as well as how the process works.

Elizabeth Timmerman Lugg, JD, PhD, Illinois State University