Transcript Parents & Schools Working Together

“Let us put our minds together and see
what life we can make for our children”
Chief Sitting Bull
recipes for success
Early On Annual Conference & Faculty Colloquium
November, 5, 2009
Achieving the Best for Special Education Students
Michigan Special Education
 Early
On Enrollment:
In Home
 In community setting:
 “Other”

*Dec 2008 count
4, 699
3,014
586
1,099
MSEMP History
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Began in 1996 with Supreme Court Administrative Office
Framework
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Federally funded through the OSE/EIS
Administered by Dispute Resolution Education Resources, Inc. (DRER)
Services provided by DRER and the Community Dispute Resolution
Program
MDE/MSEMP
Centers
5
MSEMP Volunteers
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Community members trained
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40 hours general mediation skills
16 hours special education law, issues
10 hours internship (observation)
25 hours general mediation experience
16 hours IEP facilitation
8 hour update training every 2 years
Coordinated through Community Dispute Resolution Centers
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20 throughout state
MSEMP Services
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Mediation: Negotiation conducted by an impartial party
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Facilitation: assistance in coordinating rather than leading an IEP
team meeting or Resolution Session so that team members are
encouraged to participate in the discussion
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Training: skill building in communication and dispute resolution
Michigan
Conflict Resolution Continuum
Stage of
Conflict
Stage 1
Stage 2
Stage 3
Stage 4
Stage 5
Level of
Intervention
Prevention
Disagreement
Conflict
Procedural Safeguards
Legal Review
Third-party intervention
Third-party decision
Rights-based
Formal, fixed
Legislation
Litigation
Due process hearings
Resolution sessions
8
Complaints
Informal, flexible
Mediation under IDEA
Interest-based
Pre-filing mediation
Decision making by parties
making
IEP, IFSP facilitation
Third party assistance
Conciliation (telephone
intermediary)
MDE toll-free information
phone line
Informal party-to-party
discussions
Dimensions
Conflict resolution skills
training
Assistance,
Intervention
Options
MSEMP Trainings
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Series of 7
Essential skills
 Collaboration in the IEP/IFSP process
 Collaborative Leadership in the IEP/IFSP process
 Sustaining skills seminar
 Diversity
 Transition
 Conflict Resolution (2 days)
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Schools and parent groups
“The greatest compliment that was
ever paid me was when one asked
me what I thought, and attended to
my answer”
Henry David Thoreau
Potential Problems with IFSPs
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Personalities
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Unfamiliar with role, rights, law
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Misunderstandings or miscommunication
Lack of trust due to broken promises, lack of success in past, gossip
and innuendo
Direct or implied blame
Lack of information
Lack of understanding of roles and responsibilities
Differing interpretations of the law
Non-compliance with law
Transitioning to IEP process
Resources
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time- not enough
shortage of resources or financial constraints
Potential Problems with IFSPs
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Communication
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Little or no preparation for IFSP process
Differing expectations of service providers
Differing communication styles
Notify service providers of responsibilities, time lines, reporting
requirements, accommodations, etc..
Barriers to effective Communication
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Verbal
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Attacking (interrogating, criticizing, blaming, shaming)
You messages (moralizing, preaching, advising, diagnosing).
Showing power (ordering, threatening, commanding, directing)
Other: Shouting, name calling, refusing to speak
Non-Verbal communication barriers
Remember:
IFSP teams often fear disagreement
 Many factors can interfere with productive
discussion
 IFSP team meetings can produce better
results when all team members prepare and
participate
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When a conflict arises
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Always separate the people from the problem
Focus on the interests, not positions
Generate a variety of possibilities before deciding what to do
Insist that results be based on some objective standard
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Frame each issue as a joint search for objective criteria
Reason and be open to reason as to which standards are most
appropriate and how they should be applied
Never yield to pressure-only to principle.
What if you reach an impasse?
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MSEMP offers no cost
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Facilitation
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Useful in IFSP meeting, resolution session
Facilitator helps ensure a fair and inclusive meeting
Mediation
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Use to resolve dispute
Mediator manages process, may caucus when necessary
Decisions made by parties
When to use facilitation
IFSP, IEP settings
 Resolution sessions
 Participants uneasy about a meeting
 Parent, school relations strained
 Participants need to focus on issues
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Benefits of facilitated IFSPs
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Builds and improves relationships among the IFSP team
members and between parents and schools.
Ensures the meeting is student-focused
Models effective communication and listening
Clarifies points of agreement and disagreement
Provides opportunities for team members to resolve
conflicts if they arise
Encourages parents and professionals to identify new
options to address unresolved problems
Costs less than more formal proceedings such as due
process hearings
Benefits of facilitated IFSPs
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Is typically less stressful than formal proceedings
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Supports better follow through and follow-up; roles and responsibilities can
be discussed and planned
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Is the IFSP meeting, and doesn’t require a separate IFSP meeting to formalize
agreements that are reached
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Supports all parties in participating fully
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Eliminates the need for someone to play the dual role of participant and
facilitator
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Facilitation and mediation skills can help prevent the IFSP meeting from
getting off track and intervene during the meeting to get people back on track
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Past experiences between the group members can hinder future working
relationships. Having an IFSP facilitator involved can sometimes change the
whole environment and outcome of the meeting
A Facilitator won’t:
Be a part of the team
 Give legal advice
 Advocate for a position
 Make decisions
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When to use mediation
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Any dispute
Eligibility for programs, services
 Evaluation interpretations
 Transition issues
 Service delivery, effectiveness
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Resolution sessions
 Communication, relationship issues
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Benefits of Mediation
Participants control outcomes
 Participants become self-sufficient
 Solutions remain local
 Dispute resolution costs decline
 More time, money spent on educating
 Placed in IFSP within 5 working days
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The Mediator will:
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Remain neutral
Conduct the mediation
Ensure all parties have equal opportunity to express their
ideas and thoughts
Make sure that everyone abides with rules for appropriate
conduct
Help the parties remain on the topic of their disagreement
Guide the participants towards creating an agreement
Record the agreement
A Mediator won’t:
Make decisions
 Give legal advice
 Take sides
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Collaborating for Results in Special Education
MSEMP Performance
Category
(Federal fiscal year)
FFY
2004
FFY
2005
FFY
2006
FFY
2007
FFY
2008
Total
Cases opened (mediation and IEP
facilitation)
57
105
181
226
235
804
Mediations held
33
57
60
92
113
355
24
50
48
74
89
285
9
7
12
18
24
70
73%
88%
80%
80%
79%
80%
*
20
46
71
72
209
•Parties agreed on IEP and implementation
*
11
33
59
62
165
•Parties disagreed on IEP, but allowed
implementation
*
5
10
6
2
23
•Parties disagreed on IEP; requested hearing or
mediation
*
4
3
6
8
21
•Mediations with agreement
•Mediations without agreement
•Mediation agreement rate (SPP Indicator 19)
IEP facilitations held
* Facilitation measures defined differently in 2004 and therefore not comparable with following years.
How to Get Help
1-800-8RESOLVE
(1-800-873-7658)
CENMI.ORG/MSEMP
Local MSEMP
Program information:

229 North Pine Street
Lansing, MI 48933
Phone: 517.485.2274
Fax: 517.485.1183
Email: [email protected]
Thank
You