Transcript Slide 1
CADRE/IDEA Partnerships ~ Creating Agreement ~ Collaborative Problem Solving in Special Education and Early Intervention CADRE/IDEA Partnerships This Slide Presentation was Jointly Developed By: The Consortium For Appropriate Dispute Resolution In Special Education (CADRE) The IDEA Partnership Project (at NASDSE) With funding from the US Department of Education, Office of Special Education Programs (OSEP) 2 CADRE/IDEA Partnerships Development Team The following individuals & organizations participated in the development of this presentation American Occupational Therapy Association (AOTA) Consortium for Appropriate Dispute Resolution in Education (CADRE) Loni Elliott Philip Moses Marshall Peter John Reiman Richard Zeller IDEA Partnership Carol Gryde Joanne Cashman Terry Jackson Fiesta Educativa Lorena Morales 3 CADRE/IDEA Partnerships Development Team (cont.) The following individuals & organizations participated in the development of this presentation National Education Association (NEA) New York Long Island Families Together (LIFT) Steve Button Wisconsin Family Assistance Center for Education, Training & Supports (FACETS) Helene Fallon School Social Work Association of America (SSWAA) Judy Richards Nelsinia Ramos Wisconsin Special Education Mediation System Nissan Bar-Lev Jan Serak 4 CADRE/IDEA Partnerships “Seek first to understand, then to be understood.” Stephen Covey, “Habit 5” Seven Habits of Highly Effective People 5 CADRE/IDEA Partnerships CADRE/IDEA Partnerships Dispute Resolution Workgroup Vision Educational outcomes will be improved when families, schools and service providers are working together effectively. Provision of training and educational opportunities to a diverse group of stakeholders enhances the capacity to engage in collaborative problem solving that is responsive to individual students’ needs. 6 CADRE/IDEA Partnerships Workshop Outcomes Participants will acquire an increased awareness of the breadth of issues and strategies associated with Special Education Dispute Prevention/ Resolution including: Gaining a better understanding of conflict and the ways that people respond Gaining familiarity with the Procedural Safeguards requirements in IDEA ’04 Learning about practices and strategies that comprise the “Continuum” Understanding the power of listening in resolving conflicts Gaining an awareness of interest based problem solving strategies Understanding the important role of cultural issues in relation to resolving disputes Becoming aware of useful resources for additional information 7 CADRE/IDEA Partnerships Our Assumptions… Different cultures may have differing perspectives on conflict and how it’s most appropriately approached Conflict is a healthy reflection of a diverse and competitive society Most parent/school relationships are positive and mutually respectful Skills can be acquired that help facilitate productive relationships 8 CADRE/IDEA Partnerships Our Assumptions… Early opportunities exist to collaboratively address differing viewpoints on how to best serve the child Adversarial processes should be reserved for situations where other options have been exhausted The cost of adversarial processes is high in personal, relationship and financial costs 9 CADRE/IDEA Partnerships Conflict 10 CADRE/IDEA Partnerships Conflict What does the word “conflict” bring to mind? 11 CADRE/IDEA Partnerships Conflict Expressed struggle Two or more people Interdependent Strong emotion Perceived blockage Needs Values 12 Controlling Personal Goals CADRE/IDEA Partnerships The Five Conflict Handling Modes Collaborating Compromising Avoiding Accommodating Relationship Goals 13 Source: Thomas Killmann Personal Goals CADRE/IDEA Partnerships Avoiding • Unassertive and uncooperative • Do not pursue your own concerns or those of other(s) • Don’t address the conflict • Sidestep, postpone, or withdraw from the issue for the present time Relationship Goals 14 Personal Goals CADRE/IDEA Partnerships Avoiding – When to Use • When the potential danger or damage outweighs the benefits of resolution • When more time is needed to collect information • When emotions need to cool down Relationship Goals 15 Personal Goals CADRE/IDEA Partnerships Accommodating • Focuses on relationship needs • Sacrifice your own personal goals to satisfy the concerns of the other(s) • Yield to another point of view Relationship Goals 16 Personal Goals CADRE/IDEA Partnerships Accommodating – When to Use • To preserve harmony and avoid disruption • To achieve temporary settlement • To arrive at quick solutions under pressure • When the relationship is the most important goal Relationship Goals 17 Personal Goals CADRE/IDEA Partnerships Controlling • Power oriented • Pursue own ends without agreement of others • Achieving one’s personal goals paramount • Results in win-lose or lose-win Relationship Goals 18 Personal Goals CADRE/IDEA Partnerships Controlling – When to Use • In emergencies • When unpopular actions must be implemented • When your family or organization’s welfare is at stake • When your authority and responsibility are unquestionable Relationship Goals 19 Personal Goals CADRE/IDEA Partnerships Compromising • Objective to find expedient, mutually acceptable alternative • Both parties give up something • Exchanging concessions – splitting the difference • Quick middle position Relationship Goals 20 Personal Goals CADRE/IDEA Partnerships Compromising – When to Use • When two parties of equal power are strongly committed to mutually exclusive goals • To achieve temporary settlements to complex issues • To arrive at quick solutions under pressure • When the goals of each party are of moderate importance and collaboration isn’t worth the time required Relationship Goals 21 Personal Goals CADRE/IDEA Partnerships Collaborating • Personal goals and relationship goals are of equal importance/value • Seeks win-win outcomes using advanced skills and strategies • Want to find a solution that fully satisfies needs and concerns of both people • Involves time commitment in identifying concerns of each person and finding alternatives that meetRelationship both setsGoals of needs 22 Personal Goals CADRE/IDEA Partnerships Collaborating – When to Use • When both the issues at hand and the relationship are important • When the parties are relatively equal in status and power – or the more equal or powerful party supports a win-win collaborative solution • When the parties are inter-dependent upon one another to implement the solution • When both sets of goals are too important to compromise • You have enough time and are willing to take the time necessary • When the quality of the decision is critical • To gain commitment and acceptance through consensus Relationship Goals 23 Controlling Personal Goals CADRE/IDEA Partnerships The Five Conflict Handling Modes Collaborating Compromising Avoiding Accommodating Relationship Goals 24 Source: Thomas Killmann CADRE/IDEA Partnerships Costs of Conflict Financial costs Educational costs: bleeds energy away from instruction, can interfere with needed consistency Human costs: stress, burnout, marital discord Relationships: hurts relationships among people who have to work together Societal costs: parents, families, schools divided; bad press for special education; missed opportunities 25 CADRE/IDEA Partnerships “Cost and Benefit” Comparison of Dispute Resolution Approaches Informal Resolution IEP Mediation IDEA Due Process Negotiation Session Facilitation Complaint Private/Informal Private/Informal Private/Informal Private/Informal Public/Formal Public/Formal 2-3 days 15-30 days 12 Days 21 Days 60 Days 45 Days $? $? $? $? $? $? Future Future Future Future Past Past Voluntary Voluntary Voluntary Voluntary Involuntary Involuntary Win/Win Win/Win Win/Win Win/Win Win/Lose Win/Lose Source: Wisconsin Special Education Mediation System How much do you think each of these processes costs? What do you include when you think about process costs? 26 CADRE/IDEA Partnerships IDEA ‘04 27 CADRE/IDEA Partnerships Required Processes Under IDEA ‘04 Written State Complaint (assumed to be in regulations) Mediation Resolution Sessions Due Process Hearings 28 CADRE/IDEA Partnerships Resolution Sessions 615(f)(1)(B) Within 15 days of DPHR notice, LEA must convene a meeting with: Parents; Relevant IEP team members; and An agency representative with decision-making authority. May not include an LEA attorney unless parent’s attorney is present. Meeting is for discussing the facts and resolution of DPHR issues. Parties may agree, in writing, to waive such meeting or to use mediation in lieu of the resolution session. 29 CADRE/IDEA Partnerships Written Settlement Agreement 615(f)(1)(B)(iii-iv) If resolution is reached to resolve the DPHR at a resolution session, the parties execute a legally binding agreement (written settlement agreement) that is: Signed by both the parents and a representative of the agency; and Enforceable in any state court of competent jurisdiction. If parties execute a written settlement agreement, a party may void the agreement within three business days of the agreement’s execution. 30 CADRE/IDEA Partnerships Mediation Under IDEA ‘04 Conducted by a mediator who is: Qualified Trained in effective mediation techniques Knowledgeable in laws and regulations Impartial Not employee of LEA, SEA or state agency that is providing direct service to the child No personal or professional conflict of interest Random selection or both parties agree 31 CADRE/IDEA Partnerships Mediation Agreement 615(e)(1), (2)(F) Mediation is available to resolve any matter, even before requesting a due process hearing (DPH). Mediation agreement must be in writing and signed by the parent and agency representative. Agreement is legally binding and enforceable by any state court. Mediation process is confidential and may NOT be used as evidence in subsequent legal action. 32 CADRE/IDEA Partnerships State System Design & Performance 33 CADRE/IDEA Partnerships C O N F L I C T Dispute Resolution Options No Neutral With a Neutral Informal/ formal Negotiation Facilitation Mediation Arbitration Litigation Extreme Telephone Call Scheduled IEP Meeting Meeting Resolution Session Resolution Session Slander IDEA Complaint Law Suit Mediation Session Due Process Least coercive Most coercive Most self-determination Least self-determination Hate Mail Violence 34 CADRE/IDEA Partnerships CADRE Continuum of Conflict Resolution Options 35 CADRE/IDEA Partnerships Use of Procedural Safeguards 2002-2003 – 50 States Due Process Hearings 12,889 requests 2,184 hearings held (17%) Complaints Filed 5,715 filed 2,992 with findings (52%) Mediations Held 6,790 held 4,722 with agreements (70%) 36 CADRE/IDEA Partnerships Dispute Resolution Activity (50 states, 2002-2003) In 2 states, hearing request rates exceed 60 per 10,000 Students in Special Education 60 Events Per 10K Students 50 40 30 20 10 - Formal Written Complaints Filed Mediations Held Due Process 37 Hearing Requests CADRE/IDEA % Agreement Partnerships Mediation Agreements as a Percent of Mediations Held (50 States, 2002-2003) 100% 75% 50% 25% 38 0% CADRE/IDEA Partnerships Mediation 39 CADRE/IDEA Partnerships The Mediation Process Setting the Stage Prepare environment Explain expectations & process Uninterrupted Time Invite each person to talk without interruptions Participants describe problem and their perception of the issues (initial expression and release of emotions around situation) 40 CADRE/IDEA Partnerships The Mediation Process Identifying the Issues Identify, clarify, summarize main issues Get agreement on issues Discussing the Issues Listen for common ground, mediatable issues, points of disagreement Encourage participants to talk to each other (??) 41 CADRE/IDEA Partnerships The Mediation Process Generation of Potential Solutions Assist the brainstorming possible options for each discreet issue Evaluate potential solutions Agreement Building Narrow list of viable options “Reality Check” Assist in negotiation process Record agreement is appropriate 42 CADRE/IDEA Partnerships Mediation Process Caucus (Separate Meeting) Purposeful, Confidential, Balanced Advantages Exploring positions, interests and needs Save face Manage emotions Test solutions Limitations Confidentiality issues Breaking direct communication Mediator becomes more the focal point 43 CADRE/IDEA Partnerships Role of the Mediator Establishes rapport and trust Facilitates communication Elicits underlying interests Recognizes and shifts problematic communication patterns Encourages brainstorming Supports the process of analyzing options Assists in agreement writing Provides content expertise (??) 44 CADRE/IDEA Partnerships Power Imbalances Inherent in Conflict DR Processes can “level the playing field” Actual and Perceived Power may differ For Parents, On the face: less power/status and that steps must be taken to make sure that doesn’t distort the processes (#s matter) Cultural issues may exacerbate this – intimidation may be present whether intended or not Perception: Many of the formal mechanisms are ways to “get the parent to go along” Fair systems require well-facilitated processes and trained interveners (mediators, hearing officers, facilitators, etc.) who are able to control the power balance issues Relationships well-built help overcome imbalance 45 CADRE/IDEA Partnerships Protocol: Removing Power Imbalances When third party-neutral is present When a third party-neutral is not present – NB/WISC has a document/ process guide Pre-, During and Post-IEP processes/ conditions that can help reduced perceived power imbalances Emphasis on the technical processes in service to the human aspects – subtle impact of dress… Risk of “Pre-IEP” actions: parents may not be equipped/ supported to participate effectively Should the IEP itself be included in the Continuum? Cartoon book on IEPs. Time and IEP – ironic power play by trying to control… 46 CADRE/IDEA Partnerships Mediation Models Single Mediator Easier to Manage Logistically Mediator Expertise Mediator Control Panel Mediation Reflects Community Strengthens Community 47 CADRE/IDEA Partnerships Mediation Models Co-Mediation Reflect Participants Involved Family/School Gender Age Ethnicity/Race Training/Mentoring Model Two-is-better-than-one Modeling Cooperative Behavior Balancing Different Mediator Orientations, Strategies, & Techniques 48 CADRE/IDEA Partnerships Advantages of Mediation Privacy/Confidentiality Flexible, informal Addresses underlying issues, concerns & priorities of participants Capacity for creative resolutions Future focused Relatively time efficient 49 CADRE/IDEA Partnerships Advantages of Mediation Allows direct communication Process educates participants Win/win outcomes Potential to build, maintain & enhance relationships A place for an apology More comprehensive Accessible to wide range of participants Higher satisfaction 50 CADRE/IDEA Partnerships Critique of Mediation Mediator lacks power to compel participation disclosure of information settlement Imbalance of power may adversely affect outcome 51 CADRE/IDEA Partnerships Critique of Mediation Compliance voluntary Enforceability issues Can be time consuming Standards of Practice not universal Due Process Safeguards ?? 52 CADRE/IDEA Partnerships Listening 53 CADRE/IDEA Partnerships “Listening is probably the most cost effective element of a conflict management system.” Mary Rowe 54 CADRE/IDEA Partnerships Characteristics of Good Listening Think of a time when someone listened to you. What did he/she do that made you feel he/she was listening? What was his/her attitude toward you? 55 CADRE/IDEA Partnerships Listening Following the thoughts and feelings of others to understand what they are saying from their perspective, frame of reference, or point of view. Dignity and Respect 56 CADRE/IDEA Partnerships The Chinese characters that make up the verb “to listen” tell us something about this skill. 57 CADRE/IDEA Partnerships Listening Problem Solving Sometimes speakers just need to be heard Sometimes listening clears up confusion Sometimes listening identifies a need for problem solving 58 CADRE/IDEA Partnerships To listen a soul into disclosure and discovery is the greatest service one human can do for another. Quaker saying 59 CADRE/IDEA Partnerships Reflective Listening The HEART of listening is: EMPATHY, CARING & RESPECT Main rule: KEEP THE FOCUS ON THE OTHER 60 CADRE/IDEA Partnerships The Three Basic Skill Clusters for Reflective Listening Are: Attending Skills Following Skills Responding Skills 61 CADRE/IDEA Partnerships Attending Skills: Posture Contact (distance, eyes, touch) Gestures Environment Interested Silence 62 CADRE/IDEA Partnerships Following Skills Door-Openers Acknowledgement Responses Open-Ended Questions 63 CADRE/IDEA Partnerships Responding Skills Reflecting Content Reflecting Feeling Reflecting Meaning (Content linked with feeling) Summarizing 64 CADRE/IDEA Partnerships Certain Responses Have a High Risk of… Derailing the conversation Taking the focus off the other Blocking the other from finding a solution Lowering the other’s self-esteem Distancing your self from the other Diminishing the other’s motivation 65 CADRE/IDEA Partnerships High Risk Responses Withdrawing Sending Solutions Evaluating Judging Reassuring Ordering Praising Diverting Threatening Diagnosing Moralizing Name-Calling Advising Logically Arguing Questioning Takes the focus off the other person 66 CADRE/IDEA Partnerships Listening is a disciplined skill You can’t do two things at once if one of them is listening. 67 CADRE/IDEA Partnerships Positions & Interests 68 CADRE/IDEA Partnerships Positions & Interests Position Specific solution proposed to resolve problem - the “WHAT” Interest Underlying real need/desire that gives position its life (i.e., beliefs, expectations, values, fears, priorities, hopes, concerns) – the “WHY” 69 CADRE/IDEA Partnerships Sample Positions: “The target level for appropriate interactions in my classroom must remain at 50%.” “We want an ASL interpreter in that English Lit class.” “I demand an apology now!” “Rob has a right to a full time instructional assistant next term” 70 CADRE/IDEA Partnerships Finding the Interests Stage 1 Position A Position B Stage 2 Issues Issues Stage 3 Stage 4 Interests and positive intentions Options for agreement Interests and positive intentions Common ground Options for agreement Position: One party’s solution to the problem/ situation. Often a self-serving solution Issue: Elements or subject matter of the problem. Elements at issue between the parties that must be negotiated in order to reach agreement. Interest: Factors that motivate/ drive parties to reach agreement and take positions Interests underlie positions in that the parties’ positions are intended to meet and or address their interests (hopes, wants, needs, fears, concerns) Adapted from Highnam, K. (2001). Interest-based negotiation, CSSEA 2001 Fall Conference and AGM. Surry B.C, Canada. CSSEA. 71 CADRE/IDEA Partnerships The Basic Assumption All behavior (including positional behavior) is ultimately positively intended, and directed at fulfilling some need. 72 CADRE/IDEA Partnerships Finding the Interests Question, question, question… "What makes that solution so important for you?" "What would you accomplish in getting what you want?" "What if that did/didn't happen?” “How will you be affected by…?” “Imagine that you got ___________; what would be taken care of?” 73 CADRE/IDEA Partnerships Finding the Interests What need is the person taking this position attempting to satisfy? What is motivating the person? What is the person trying to accomplish? What is the person afraid will happen if a demand is not fulfilled? 74 CADRE/IDEA Partnerships Summary: Interest-based Negotiation Aims not to change the other person, but to change negotiation behavior Separates the people from the problem Shifts from ”your position versus mine” to “you and I versus the problem” Shifts from “position-taking” to “perspectivetaking” Holds that Interests are a truer measure of negotiation goals than Positions. Involves a mutual exploration of interests to yield more creative options. Adapted from Highnam, K. (2001). Interest-based negotiation, CSSEA 2001 Fall Conference and AGM. Surry B.C, Canada. CSSEA. 75 CADRE/IDEA Partnerships Case of Lisa Role Play Potentially insert a case study here involving audience members who will role play, and then as a group, we will identify positions and brainstorm using what we’ve learned to ID positions and interests and to strategically deposition. 76 CADRE/IDEA Partnerships Cultural Competence & Diversity 77 CADRE/IDEA Partnerships Cultural Competence and Diversity Some individuals do not welcome involvement of government Some cultures defer to professionals Families might not understand mainstream Western beliefs about "parent-educator partnerships." 78 CADRE/IDEA Partnerships Cultural Competence and Diversity Understand the role of age, gender and other individual differences that affect or define status, relationships and socially acceptable behavior Provide ongoing training and support for all mediators in diversity, cultural competence, flexibility 79 CADRE/IDEA Partnerships Cultural Competence and Diversity Ensure that interpreter training includes the critical element of translating in a neutral manner Provide interpreters a dictionary of disability and dispute resolution terms. Modify materials and processes to respond to individual circumstances 80 CADRE/IDEA Partnerships Cultural Competence and Diversity Determine what method of communication (e.g., in-person, face-toface, etc.) is most appropriate Be aware of personal biases and assumptions based on how a person dresses, speaks, acts, etc Insist that mediators have no perceived and/or real conflicts of interest 81 CADRE/IDEA Partnerships Cultural Competence and Diversity Recognize that many people do not communicate in a linear fashion nor "stick to the subject at hand." Avoid language or assumptions that perpetuate stereotypes. Engage community leaders and cultural liaisons in outreach and model definition 82 CADRE/IDEA Partnerships Cultural Competence and Diversity Arrange the room and seat the participants in a manner appropriate to the participants and their relationships. Permit joint and individual meetings as appropriate for saving face, venting, consultation with advisors 83 CADRE/IDEA Partnerships Cultural Competence and Diversity The Platinum Rule: “Do unto others as they would have you do unto them.” Tony Alessandra 84 CADRE/IDEA Partnerships Student Involvement 85 CADRE/IDEA Partnerships Fundamental Value: The student should be present and participate to the maximum extent possible in a mediation regarding the services they receive. “Nothing about me without me.” 86 CADRE/IDEA Partnerships Advantages Related to Student Participation: Vital opportunity for student to be understood Student’s preferences taken directly into account Student learns to articulate needs to service providers Student empowerment Elevates civility of process Encourages positive, strength-based discussions Creates new relationships and linkages Ensures presence of key person in design and implementation of effective agreement 87 CADRE/IDEA Partnerships Challenges Associated with Student Participation: Competency to participate Disagreement between parents and student Coercion and forced agreements Need for united front among adults Limits topics of discussion Potential for student to accept unreasonable levels of responsibility 88 CADRE/IDEA Partnerships Practice Considerations: Pre-Mediation Explorations Regarding Student Ability Student’s ability to understand process Student’s maturity Student ability to conduct himself/herself appropriately Student’s past involvement in IEP meetings Student’s interest in participating Other participants’ perspective on student’s involvement Disagreements between students and parents Educate student about the process 89 CADRE/IDEA Partnerships Practice Considerations: During the Mediation Session Engage student in ground rules, discussion and agreement Realistically address confidentiality concerns Invite opening statement from student Address student/parent disagreements Reality test and contingency plan Arrange follow-up 90 CADRE/IDEA Partnerships Range of Participation Possibilities: Student written or recorded statement Appointment of designated advocate Student attend but not at table Student participates for portion of meeting Attendance of safe person and absence of threatening person 91 CADRE/IDEA Partnerships Placeholder: Conflict and particular audience E.g., tailor interests groups have to this content THIS SLIDE SHOULD BE DEVELOPED BY REPRESENTATIVES FROM TRAINING RECIPIENT GROUP DETAILING THE RELEVANCE OF MATERIALS TO THE ROLE OF GROUP MEMBERS. 92 CADRE/IDEA Partnerships Resources 93 CADRE/IDEA Partnerships Resources CADRE publications – probably not the list in the presentation Describe the site (URL) that shows you: Online resources Dialogue guide ListServ What individuals can access and do. What organizations can access and do. Multiple site feature so that the partnership is featured among the various participating organizations. Customized access to particular state resources… how to do this. 94 CADRE/IDEA Partnerships CADRE Publications “Beyond Mediation: Strategies for Appropriate Early Dispute Resolution in Special Education” “Keys to Access: Encouraging the Use of Mediation by Families from Diverse Backgrounds” “Families and Schools: Resolving Disputes Through Mediation” (Case Studies) “Special Education Mediation: A Guide for Parents” “Considering Mediation for Special Education Disputes: A School Administrator’s Perspective” “Educating Our Children Together: A Sourcebook for Effective Family-School-Community Partnerships” (CD) 95 CADRE/IDEA Partnerships CADRE Publications “The Involvement of Students in Their Special Education Mediations” “Parents and Educators Working Toward Mutual Solutions” (Video) “Facilitated IEP Meetings: An Emerging Practice” “Considerations for Mediating with People Who Are Culturally Deaf” “The Role of Attorneys in Special Education Mediation” “Steps to Success: Communicating with Your Child’s School” 96 CADRE/IDEA Partnerships What’s clearly still needed… Work on Power Imbalance Connecting Conflict resolution and roles: this is the tailoring to specific group (needs detail) Slide on resources –started Evaluation: Need to measure both process and content of the evaluation and How useful to participants (use, relevance, quality) – any time used, CADRE and Partnership get eval data 97