Lessons Learned: Pennsylvania’s Sometimes Rocky Entrance into IEP Facilitation Kerry Voss Smith Dixie Rider

Lessons Learned: Lessons Learned: Pennsylvania’s Sometimes Pennsylvania’s Sometimes Rocky Entrance into IEP Rocky Entrance into IEP

FacilitationFacilitation

Kerry Voss SmithKerry Voss SmithDixie RiderDixie Rider

Pennsylvania: Who Are Pennsylvania: Who Are We?We?

LancasterLancaster

PhiladelphiaPhiladelphiaGettysburgGettysburgPittsburghPittsburgh

Pennsylvania: Who Are Pennsylvania: Who Are We?We?

• The Litigious StateThe Litigious State• P-ARC ConsentP-ARC Consent• GaskinGaskin• More than 250,000 More than 250,000

identified school-identified school-age childrenage children

• 1036 Due Process 1036 Due Process Requests 2004-05Requests 2004-05

Pennsylvania (agencies?): Pennsylvania (agencies?): Who Are We?Who Are We?

• PA Department of EducationPA Department of Education• Bureau of Special EducationBureau of Special Education• PA Training and Technical PA Training and Technical

Assistance Network (PaTTAN)Assistance Network (PaTTAN)• Intermediate UnitsIntermediate Units• Local Education AgenciesLocal Education Agencies• Office for Dispute Resolution Office for Dispute Resolution

(ODR)(ODR)

Office for Dispute Office for Dispute Resolution (ODR)Resolution (ODR)

Who Are We?Who Are We?• ConsultLineConsultLine• Call Resolution Process (CRP)Call Resolution Process (CRP)• Dispute Resolution Skills Training Dispute Resolution Skills Training

(DRST)(DRST)• IEP FacilitationIEP Facilitation• Solutions Panels/TeamsSolutions Panels/Teams• MediationMediation• Due ProcessDue Process• AppealsAppeals

IEPFacilitation

Mediation

DisputeResolutionSkillsTraining

DueProcessHearing

Office for Dispute Resolution

ODR

ODR: Who Are We?ODR: Who Are We?

• Tracking – Tracking – databasedatabase

• WebsiteWebsite• Focus GroupFocus Group• Advisory PanelAdvisory Panel• ContinuumContinuum

IEP Facilitation – PilotIEP Facilitation – Pilot

• ODR was a recipient of the OSEP ODR was a recipient of the OSEP General Supervision Enhancement General Supervision Enhancement Grant (GSEG).Grant (GSEG).

General Supervision General Supervision Enhancement GrantEnhancement Grant (GSEG) (GSEG)

• Activities to support and encourage Activities to support and encourage early resolution of special education early resolution of special education disagreementsdisagreements

• 18 IEP Facilitations (8/03- 10/04)18 IEP Facilitations (8/03- 10/04)

IEP Facilitation – Pilot IEP Facilitation – Pilot (GSEG)(GSEG)

ODR contracted with ODR contracted with an Independent an Independent educational educational consultant with consultant with extensive knowledge extensive knowledge and experience in and experience in special education special education law, IEP content and law, IEP content and development, & development, & facilitation.facilitation.

Independent Educational Independent Educational Consultant Advice for Pilot Consultant Advice for Pilot

(GSEG)(GSEG)

• Several authorization forms required.Several authorization forms required.• Required release of educational records Required release of educational records

2 weeks prior to IEP meeting.2 weeks prior to IEP meeting.• Facilitator have reviewed most recent Facilitator have reviewed most recent

ER/IEP .ER/IEP .• Extensive and ongoing communication Extensive and ongoing communication

between Facilitator and all parties in between Facilitator and all parties in advance is required.advance is required.

IEP Facilitation – PilotIEP Facilitation – PilotOriginal ConditionsOriginal Conditions

• Directive method of FacilitationDirective method of Facilitation• Meeting belonged to the FacilitatorMeeting belonged to the Facilitator• Role of Facilitator included Role of Facilitator included

providing technical assistanceproviding technical assistance• Facilitator directed the crafting of Facilitator directed the crafting of

the IEPthe IEP• Completed IEP only goal – settle for Completed IEP only goal – settle for

nothing less nothing less

ODR Marched ODR Marched OnOn

• Expanded training to ODR mediators to Expanded training to ODR mediators to increase pool of Facilitators.increase pool of Facilitators.

• Used PaTTAN Educational Used PaTTAN Educational Consultants/PEN to bring special education Consultants/PEN to bring special education expertise.expertise.

• Review ER – what should it look like?Review ER – what should it look like?• Review IEP – what should it look like?Review IEP – what should it look like?• Overview content areas of Overview content areas of

autism/discipline/ reading/progress autism/discipline/ reading/progress monitoring.monitoring.

Pilot – “Pros”Pilot – “Pros”• Upfront communication Upfront communication

kept arguing sides kept arguing sides apart – little interaction apart – little interaction until meeting.until meeting.

• IEP almost always IEP almost always constructed (many constructed (many times after several times after several meetings).meetings).

• Students possibly now Students possibly now receiving more than receiving more than “FAPE” -‘best’ instead “FAPE” -‘best’ instead of ‘appropriate’.of ‘appropriate’.

• Parents felt Facilitator Parents felt Facilitator was on their side.was on their side.

Pilot – “Cons”Pilot – “Cons”• LEA felt loss of control LEA felt loss of control

of IEP meeting.of IEP meeting.• Parent groups felt loss Parent groups felt loss

of control of IEP of control of IEP content.content.

• Issue of confidentiality Issue of confidentiality – student records– student records

• Expensive!! Much Expensive!! Much preparation time preparation time before meeting.before meeting.

• Expensive!! Several Expensive!! Several IEP meetings needed IEP meetings needed to finalize IEP.to finalize IEP.

Pilot – “Cons”Pilot – “Cons”

• Time-consumingTime-consuming• Students possibly Students possibly

now receiving more now receiving more than “FAPE” -‘best’ than “FAPE” -‘best’ instead of instead of ‘appropriate’.‘appropriate’.

• All parties (& All parties (& Facilitator) “digging Facilitator) “digging in their heels” for in their heels” for own outcomesown outcomes

Murphy’s Law 101Murphy’s Law 101

Pilot – Bottom Line Pilot – Bottom Line ResultsResults

• Discovered that mediation skills and Discovered that mediation skills and facilitation skills are NOT the same .facilitation skills are NOT the same .

• LEAs hated it.LEAs hated it.• Parent groups hated it.Parent groups hated it.• Grant money ran out.Grant money ran out.

ODR ReactionODR Reaction

• Shell-shockedShell-shocked• HumbledHumbled• Decided to punt and rethink!Decided to punt and rethink!

Did we give up?Did we give up?

NO WAY!!NO WAY!!

Questions We AskedQuestions We Asked

• Overall question: What changes do Overall question: What changes do we need to make to have parties we need to make to have parties “buy into” the process?“buy into” the process?


• Who should facilitate? Who should facilitate? – MediatorsMediators– LawyersLawyers– Hearing OfficersHearing Officers


• What training is necessary?What training is necessary?– Mediation trainingMediation training– Special education contentSpecial education content– FacilitationFacilitation


• What model will work best for PA?What model will work best for PA?– Facilitator runs meeting, with agenda.Facilitator runs meeting, with agenda.– Facilitator provides guidance on Facilitator provides guidance on

content.content.– Facilitator provides assistance with Facilitator provides assistance with

communication only.communication only.


• What procedures will be put in place?What procedures will be put in place?– Contact parties/communicate prior to Contact parties/communicate prior to

meeting.meeting.– Release educational records to facilitator.Release educational records to facilitator.– Required authorization and consent forms.Required authorization and consent forms.

What Happened Next?What Happened Next?

• Met with PEN.Met with PEN.• Carefully/thoughtfully drafted new Carefully/thoughtfully drafted new

procedures. procedures. • Brought in national trainers to Brought in national trainers to

provide Facilitation training.provide Facilitation training.– Wanted all Facilitators to be trained Wanted all Facilitators to be trained

together.together.– Wanted all Facilitators to understand Wanted all Facilitators to understand

ODR procedures together.ODR procedures together.– Smooth sailing????? Not quite.Smooth sailing????? Not quite.

What We LearnedWhat We Learned

• There are many different There are many different philosophies philosophies

regarding IEP Facilitationregarding IEP Facilitation

Revised Role of Revised Role of FacilitatorFacilitator

• Facilitative method onlyFacilitative method only• Not a member of the teamNot a member of the team• IEP team owns the IEPIEP team owns the IEP• LEA runs the meetingLEA runs the meeting• Facilitator’s role is only to enhance Facilitator’s role is only to enhance

communication and to help sides address communication and to help sides address disagreements or conflict relating to IEP disagreements or conflict relating to IEP only.only.

• Facilitator offers no technical assistance or Facilitator offers no technical assistance or input regarding content.input regarding content.

• Facilitator sits in silence if parties are Facilitator sits in silence if parties are moving forward.moving forward.

Role of FacilitatorRole of Facilitator

An IEP Facilitator is like a referee…An IEP Facilitator is like a referee…

If the game is going well, there is not If the game is going well, there is not much need for interference. But if much need for interference. But if the players start to get out of hand, the players start to get out of hand, the referee’s responsibility is to get the referee’s responsibility is to get more involved to ensure fair play more involved to ensure fair play and to keep the game moving.and to keep the game moving.

IEP Facilitation IEP Facilitation MaterialsMaterials

• Thanks to CADRE for offering Thanks to CADRE for offering materials for use in the spirit of materials for use in the spirit of dispute resolution!dispute resolution!– IEP Facilitation Information and IEP Facilitation Information and

ProceduresProcedures– IEP Facilitation Request FormIEP Facilitation Request Form– IEP Facilitation Evaluation FormIEP Facilitation Evaluation Form

ODR ProceduresODR Procedures

• IEP team sets IEP team sets date for date for meeting, and meeting, and provides provides invitation to invitation to participate to participate to parents.parents.

• If IEP Facilitation If IEP Facilitation requested, form is requested, form is signed and signed and forwarded to other forwarded to other party to complete, party to complete, sign, and forward sign, and forward to ODR.to ODR.

IEPFacilitation

Mediation


DueProcessHearing


ODR

ODR ProceduresODR Procedures

• Facilitator Facilitator assigned only assigned only after both after both parties sign parties sign request form.request form.

• ODR oversees ODR oversees process, but process, but ownership is ownership is local .local .

IEPFacilitation

Mediation


DueProcessHearing


ODR

At the IEP MeetingAt the IEP Meeting

• IEP meeting is scheduled by LEA.IEP meeting is scheduled by LEA.• Members of the IEP team attend.Members of the IEP team attend.• The LEA chair starts the meeting.The LEA chair starts the meeting.• Facilitator is introduced.Facilitator is introduced.

Facilitator Facilitator Discusses/ClarifiesDiscusses/Clarifies

• NeutralityNeutrality• Parameters of role (not a decision-maker, not Parameters of role (not a decision-maker, not

here as a special education expert)here as a special education expert)• Chair’s roleChair’s role• ConfidentialityConfidentiality• Logistics (length of time scheduled, order of Logistics (length of time scheduled, order of

discussion, team members leaving or discussion, team members leaving or staying, etc)staying, etc)

• Agenda that the team has establishedAgenda that the team has established• Ground rules parties want to have in place Ground rules parties want to have in place

IEP Meeting and BeyondIEP Meeting and Beyond

• LEA chair continues with IEP meeting.LEA chair continues with IEP meeting.• Facilitator intervenes when necessary.Facilitator intervenes when necessary.• Expectation is that IEP Facilitator will Expectation is that IEP Facilitator will

participate in 1 team meeting only participate in 1 team meeting only unless extreme situation.unless extreme situation.

• Facilitator reports the general results of Facilitator reports the general results of the IEP meeting to ODR.the IEP meeting to ODR.

• ODR does not keep IEPs/documents on ODR does not keep IEPs/documents on file.file.

Reactions from Reactions from FacilitatorsFacilitators

• Vast difference of Vast difference of opinion as to how opinion as to how much prep work, much prep work, intervening, intervening, participation participation needed for needed for success.success.


Some parents Some parents view the view the Facilitator as an Facilitator as an advocate and are advocate and are looking for help in looking for help in writing the IEP.writing the IEP.


• Difficult for some Difficult for some Facilitators to step Facilitators to step back after having back after having been heavily been heavily involved based on involved based on pilot’s procedures.pilot’s procedures.


• Some Facilitators Some Facilitators have admitted they have admitted they can not facilitate can not facilitate using such a using such a “hands off” “hands off” approach .approach .


• Very important to Very important to clarify the role of clarify the role of Facilitator to all Facilitator to all parties; otherwise parties; otherwise expectations might expectations might not be met.not be met.


In some instances In some instances mediation might be mediation might be an option to an option to resolve resolve disagreements not disagreements not related to the IEP.related to the IEP.


Having documents Having documents ahead of time gives ahead of time gives the facilitator a the facilitator a complete picture of complete picture of the student and it the student and it saves valuable saves valuable time at the time at the meeting.meeting.

Reactions from Reactions from ParticipantsParticipants

• Facilitator was Facilitator was knowledgeable but knowledgeable but strengths could be strengths could be better utilized by better utilized by being more being more involved.involved.


• Having the Having the Facilitator at the Facilitator at the meeting helped the meeting helped the meeting to be less meeting to be less heated.heated.


• The presence of The presence of the Facilitator the Facilitator alone kept alone kept everyone on their everyone on their best behavior.best behavior.


• Please get the Please get the word out to word out to parents– this is a parents– this is a great program that great program that is available.is available.


• Everyone at the Everyone at the table was happy table was happy with the IEP that with the IEP that was developed.was developed.


• As a parent, I feel As a parent, I feel it is necessary that it is necessary that the Facilitator has the Facilitator has my child’s my child’s documents before documents before the meeting.the meeting.


• The Facilitator’s The Facilitator’s sense of humor sense of humor and quick grasp of and quick grasp of the facts helped the facts helped the IEP process the IEP process immensely.immensely.


• We went to We went to mediation, then to mediation, then to IEP Facilitation, and IEP Facilitation, and did end up in due did end up in due process. But by the process. But by the time we got to due time we got to due process, there were process, there were only a few issues that only a few issues that were unresolved. We were unresolved. We were very satisfied were very satisfied with each process.with each process.


• The Facilitator was The Facilitator was invisible during the invisible during the meeting except meeting except when a problem when a problem arose.arose.

Where Are We Now?Where Are We Now?

• For 2004-05, ODR received 37 IEP For 2004-05, ODR received 37 IEP Facilitation requests.Facilitation requests.

• 24 IEP Facilitations resulted in an 24 IEP Facilitations resulted in an agreed-upon IEP (86%) when meeting agreed-upon IEP (86%) when meeting held.held.

• 5 were withdrawn prior to the IEP 5 were withdrawn prior to the IEP meeting.meeting.

• 4 denied by either parent or LEA.4 denied by either parent or LEA.• 4 did not result in IEP.4 did not result in IEP.

IEP FacilitationIEP FacilitationWhat’s Next for ODR?What’s Next for ODR?

• Public awareness blitzPublic awareness blitz

• Expanded trainingExpanded training

Public Awareness BlitzPublic Awareness Blitz

• WebsiteWebsite• PennLinkPennLink• Special Education Dispute Special Education Dispute

Resolution ManualResolution Manual• ODR bookmarkODR bookmark• BrochureBrochure

Public Awareness BlitzPublic Awareness Blitz

• BSE Compliance Advisors (SPOCs)BSE Compliance Advisors (SPOCs)• Parent Education Network (PEN)Parent Education Network (PEN)• Speaking EngagementsSpeaking Engagements• Conference Attendance/Exhibit Conference Attendance/Exhibit

BoothsBooths

Expanded TrainingExpanded Training

• Expanded training Expanded training • Continue to train mediators to Continue to train mediators to

update skillsupdate skills• Develop new training to assist LEAs Develop new training to assist LEAs

with required Resolution Meetingwith required Resolution Meeting– Possibly offering Facilitation for Possibly offering Facilitation for

Resolution MeetingsResolution Meetings

Lessons Learned: Lessons Learned: Pennsylvania’s Sometimes Pennsylvania’s Sometimes Rocky Entrance into IEP Rocky Entrance into IEP

FacilitationFacilitationContact us at…Contact us at…

ODRODR

6340 Flank Drive, 6340 Flank Drive, Suite 600Suite 600

Harrisburg, PA Harrisburg, PA 1711217112

(717) 541-4960(717) 541-4960

http://[email protected]://[email protected]

Documents

Lessons Learned: Pennsylvania’s Sometimes Rocky Entrance into IEP Facilitation Kerry Voss Smith Dixie Rider