Special Education and Dispute Resolution

Support Services

Courtney Salas-Ford, Attorney/AdministratorDebbie Zeringue, Compliance Specialist

Brenda Watson, Administrative Specialist III

Early Resolution/Informal Approach

• Quick alternative to using a State Sponsored Dispute Resolution System

• Added benefit of improving communication between both parties

Special Education and Dispute Resolution Support Services

• ADE, Special Education Unit• IEP Review• Facilitated IEP (FIEP)• AR Special Education Mediation Project (ASEMP)• CADRE-The National Center on Dispute Resolution in Special

Education• NICHCY-National Dissemination Center for Children with

Disabilities• AR Parent Training and Information Center (PTI)• Disability Rights Center (DRC)

Arkansas Dept. of EducationSpecial Education Unit

https://arksped.k12.ar.us

Parents/Districts seeking guidance on how to resolve disputes regarding special education matters at the local level may contact the Special Education Unit at the Arkansas Department of Education at 501.682.4221

IEP Review

•Informal approach for Districts and Parents at local level•Quick alternative to using a State Sponsored dispute resolution system•Added benefit of improving communication

Discussion Points:•Rate of Progress•Appropriateness of the Services•Child’s Educational Placement•Parent’s Concerns

Facilitated IEP• Includes an impartial facilitator• Not a member of IEP Team• Keeps the IEP Team focused on developing the child’s

program • Addresses conflicts as they arise• Not required by Law• Service provided at no cost to parents and LEAs• Sponsored by the ADE, Special Education Unit and the UALR

Bowen School of Law Mediation Clinic

http://ualr.edu/law/clinical-programs/mediation

MediationArkansas Special Education Mediation

Project (ASEMP)

• Supported by regulation• Proposed to encourage meaningful, informal resolution of

disputes between the public agency and parents, organizations, or other individuals.

• Opportunity for Public Agency to respond to State Complaint• Opportunity for a Parent who has filed a complaint to

voluntarily engage in Mediation• Prevention

CADREConsortium for Appropriate Dispute

Resolution in Special Education

““Encouraging the use of mediation and other collaborative Encouraging the use of mediation and other collaborative strategies to resolve disagreements about special strategies to resolve disagreements about special education and early intervention programs”education and early intervention programs”

http://www.directionservice.org/cadre/

NICHCYNational Dissemination Center for

Children with Disabilities

National information center that provides information on disabilities and disability related issues, focusing on children and youth.

www.nichcy.org

PTI Arkansas Parent Training and Information

Center

• Statewide federal grant program operated through the Arkansas Disability Coalition

• Empowers parents of children with disabilities in their roles as parents, decision makers, and advocates for their children

• Promotes parent/professional partnerships• Provides information, support, resources, and training

www.adcpti.org

Disability Rights Center(DRC)

• Federally Funded and authorized Protection and Advocacy system and Client Assistance Program for people with disabilities in AR.

• Advocate for and protect human, civil and legal rights off Arkansans with disabilities consistent with federal law

www.arkdisabilityrights.org

ADE SEU Compliance Specialist Responsibilities

• LIAISON to Arkansas School Districts, Parents, Agencies, and others

• MONITOR COMPLIANCE with Hearing Decisions and Corrective Actions required as a result of complaint investigations

• MONITOR PROGRESS of Hearings and Complaint Investigations to ensure compliance with timeframes as required by law

Responsibilities, cont.• INFORMS INDIVIDUALS in conflict situations of appropriate

processes for resolution

• KEEP CURRENT on Legislation, Regulations, Policies, and Litigation pertaining to Special Education

• PROVIDE Technical Assistance to Special Education Staff, School Personnel, and Parents

Formal Approaches

STATE COMPLAINT INVESTIGATION

• Alleged procedural violation of IDEA or state law• Parent, individual, or

organization• Issues within one year• Investigated by ADE-SEU

Investigative Team

DUE PROCESS

• Alleged violations of IDEA re: identification, evaluation, placement, or FAPE• Parent or District• Issues within 2 years• Hearing conducted by

Independent Hearing Office

Dispute ResolutionComplaint Investigations

2011-12

• 37 Filed

• 22 Investigated

• 15 Mediated

2012-13

• 26 Filed

• 13 Investigated

• 45 Mediated

Substantiated Allegations2012-13

• 13/37• That the District failed to provide speech therapy, physical

therapy, and occupational therapy as listed for the 2011-12 school year

• That the District failed to identify and program for all of the student’s special education needs during the 2011-12 school year

• That the District failed to have the required IEP team members present at the Annual Review

• That the District failed to provide FAPE by not implementing the Student’s IEP as written

Substantiated Allegations, cont.

2012-13

• That the District failed to follow due process by not providing the Complainant with a copy of the revised 2012-13 IEP

• That the District failed to report and document the Student’s progress

• That the District failed to conduct Child Find

State Complaint ProceduresSection 12

• State Complaint Form is available on ADE Special Education Unit website to assist parents and other parties in filing a state complaint

• State Complaint Form is recommended, but not required• Completed Form should be sent to ADE/Sped Unit to attention

of Dispute Resolution, and• Student’s local school district

Section 12, cont.• Required information• Signature and contact information for the person filing the

complaint;• Name and address of residence of the child;• The child’s birthdate, gender and ethnicity;• District/School information;• Statement detailing the alleged violation(s) and the facts on

which the statement is based (Note—The alleged violation(s) must have occurred within one calendar year prior to the date the complaint is received.)

• Proposed resolution to the identified issue(s)

Complaint Investigation Procedures Section 12

• SEA reviews Complaint Investigation request for sufficiency• LEA is contacted to ensure they have received a copy of State

Complaint Request *opportunity for LEA to respond• Attempts are made to resolve the complaint by

communicating with the complainant and LEA• Facilitated IEP/Mediation recommended• No Resolution?

Complaint Investigation, cont.• SEA, no later than 10 working days from the date complaint

was received, an investigative team is assigned and all parties notified

• Request is also made for the District to send a copy of the student’s most recent Separate Programming Conference/Decision Form, IEP, Eval/Programming Conference Decision Form and documentation of the last annual review

• Documents reviewed/Interviews arranged• 60 days

Administrative Complaint Investigation 12.06

Cover Page

•Requested by…Name of Complainant•Filed Against…District•Date Filed…Month/Date/Year•Case Number…C-14-XX•Investigative Team…ADE SEU•Review Period…60 days (to include dates)•Final Report Date…60 days from date filed

ADE Written Decision• ADE will issue a written decision to the individual filing the

complaint that addresses each allegation and contains…• Findings of fact and conclusions;• The reasons for the decision; and• Orders for any actions necessary to bring the District into

compliance with federal or state requirements

If the District does not verify compliance with the ADE, additional enforcement proceedings may occur.

Information Regarding Report and/or Documentation

The ADE Special Education Unit will work cooperatively with the District in implementing any corrective actions outlined in this report. Questions regarding this report may be directed to:

Courtney Salas-Ford, Program Administrator

The District shall forward all documentation requested to:

Deborah Zeringue, Compliance Specialist

Dispute ResolutionContact Information

• Phone: (501)682-4291• Fax: (501683-4496

Courtney Salas-Ford, Administrator/AttorneyCourtney.salas-ford@arkansas.gov

Deborah Zeringue, Compliance SpecialistDeborah.zeringue@arkansas.gov

Danny Reed, AdministratorDanny.reed@arkansas.gov