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Understanding Wyoming Dispute Resolution Procedures:
“The how, the why, and the when”
Presenters Jordan Brock and Erin Swilling
Family EngagementFamily Engagement is any way that a child’s adult caretaker effectively supports learning and healthy development at home, at school and in the community.
Karen Mapp
**biological parents,foster parents, siblings,grandparents, etc.
Family Engagement Cont.Benefits of meaningful family engagement show that students:• Earn higher grades and test scores, and enroll in
higher-level programs• Be promoted, pass their classes and earn credits• Attend school regularly• Have better social skills, show improved behavior and
adapt well to school• Graduate and go on to post-secondary education
Family Engagement Cont.Communication is key!
Talk with parents about the positive and the challenges:• Phone calls• E-mails• Face-to-face• Daily journal/log
Parent Questions or Concerns
• Not being heard/understood• Lack of trust• Lack of progress/change• Understanding of Procedural Safeguards• Feel like they have exhausted all options• Feel like school district doesn’t care• Worried about retaliation or consequences
District Options When Parents have Questions or Concerns
• Conduct a phone call with the parent(s)• Send parent an email or letter • Have a informal meeting or visit with
the parent(s)• Provide information/data via hard
documents or electronic files• Request a IEP meeting
Informal Meeting- Parent Perspective• Talk with case manager/teacher• Send an email expressing concerns• Start a communication log• Share new information/progress notes• Request an IEP meeting/s• Talk with SPED Director
Informal Meeting- District Best Practices
• Prepare to address parent concerns
• Use data • Document all interactions and
outcomes• Confirm that parents and district
have shared understating of the next steps
Informal Meeting- Collaborative Problem Solving
• Effective back/forth dialogue• Cooperative action – follow through• Recognizing frustrations from both
sides• IEP Meeting • Facilitated IEP
Informal Collaborative Agreements• Document agreements or ideas
that have been developed collaboratively.
• If there are next steps planned or actions that need to be taken, develop a way to ensure all parties are following through
• May need to Amend IEP depending on the individual situation
District and Parent at impasse • Work to narrow down as best you can the
main IDEA issue or disagreement• Make sure parents are fully aware of the
school districts position • Provide procedural safeguards
IDEA Formal Options• Mediation• State Complaint • Due Process
IDEA Mediation- Mediation Request- Parents
• Parents may request mediation for disputes concerning any matter arising under Part-B of the IDEA
• Voluntary• Mediation Request Form• Mediation Agreement Form
IDEA Mediation- Mediation Request- District • The District may request
mediation over any matter arising under Part-B of the IDEA
• Voluntary• District Special Education
Director • Agreement to Mediate
IDEA Mediation- Mediation Process
• WDE receives request• Sends parties Mediation Agreement Form• Once signed by both parties, WDE will assign a special education
mediator• Mediator will contact parties to discuss scheduling and process
IDEA Mediation- Agreement/Outcomes
• Full Agreement of issues• Partial Agreement• Impasse
Wyoming has a very good full agreement success rate
IDEA State Complaint• Parents or Agency may request a state complaint investigation
alleging that the school district or public agency has violated a requirement of Part B of the IDEA, or Wyoming Chapter 7 rules.
• State Complaint investigations are not lawsuits or civil suits.• 60 day timeline• WDE issues a written decision• Any findings of non-compliance will include a corrective action plan
State Complaint Request- Parent/Agency• State Complaint Request Form• Must file Complaint with the WDE and forward a copy of the
complaint to the school district at the same time• Provide as much documentation/data to the WDE as possible when
filling• Provide proposed solutions to the dispute
State Complaint Request- District Response• An issue letter is sent to the parties indicating a request has been
received and the WDE will be investigating the issues listed in the letter
• The letter will request documents concerning the complaint from the district
• The district will have 10 days to get the requested information to the WDE
• District may continue working with the parent to resolve the dispute
State Complaint Request- Investigation Process• The WDE will investigate by
examining all student records and data
• After a thorough review of the data, the WDE will request either phone interviews with individual staff or provide them with a written questionnaire
• Both parties to the complaint may provide additional information at any time during the investigation either in writing or orally
State Complaint Request- Decision • Will address each allegation
identified in the issue letter• Findings of fact• Conclusions• Reasons for final decision; and• Corrective action, if warranted
Due Process Hearing Request• A Parent or School District may
request a due process hearing on any matter relating to the identification, evaluation, educational placement, or the provision of FAPE to a child with a disability
• Two years previous time limit• Request is reviewed by hearing
officer, hearing officer oversees process
Due Process Request- Parent • Parent Attorneys vs. pro se• All motions or requests must go to the
hearing officer• Evidence, exhibits, discovery• Testimony
Due Process Request- District Response
• School District Attorney needs to be involved
• A written response if a PWN was not provided to the parent
• District must organize and schedule the required resolution session
• Prepare all documents and exhibits• Continue to work with the parent
on resolution
Due Process Request- Resolution Meeting• Within 15 days of the request, district
must hold a resolution session with the parents and their counsel
• 45 day hearing timeline commences the day after the resolution session
Due Process Request- Resolution Meeting Cont.• The parties can agree to utilizemediation in lieu of the resolution
session• Will have 30 days after request to
hold mediation
Due Process Request- Pre Hearing• Prehearing Conference
• Scheduling and statement of rights
• Discovery• Hearing officer oversees the hearing process
Due Process Request- Hearing• Hearing Officer oversees
• Administering oaths• Issue subpoenas• Provide for taking of testimony• Rule on offers of proof and admit evidence• Regulate course of hearing • Issue orders necessary for the orderly administration of the due process
hearing
Due Process Request-Hearing Cont.• Will be a written verbatim record • Opening statements• Presentation of evidence• Cross-examination• Rebuttal evidence• Closing arguments
Due Process- Decision • The decision is based on
substantive grounds• Includes: Findings of fact,
conclusions of law, and order• Decision is binding, unless the
decision is appealed in accordance with 34 CFR 300.516
Wyoming Dispute Data• Mediation FY 2018-2019• 6 requested• 3 held• 3 agreements
Wyoming Dispute Data Continued • State Complaints• 4 requested• 4 with findings of non-compliance
Wyoming Dispute Data Continued • Due Process• 5 requested• 5 withdrawn or not held
Wyoming Dispute Data Continued IDEA Dispute Resolution Cases
By Federal Year – July 1 to June 30
2009-2010 2010-
2011 2011-2012 2012-
2013 2013-2014 2014-
2015 2015-2016 2016-2017 2017-2018 2018-2019
Mediations Held
4
0
6
7
6
1
4
3
5
3
State Complaints Filed
14 7
15
10
2
7
6
4
6
4
Due Process Hearings Filed
1
1**
3**
4
3
4*
3
3
6
5
* 2015 All DPH were settled; 1 in mediation, 3 in resolution **2011 & 2012 produced 1 fully adjudicated hearing. In other years all cases were withdrawn or
settled.
Questions?
Thank You!
CONTACTJordan Brock - WDE
Erin Swilling – PIC307-253-8934
WIFImeeting 2
“Cheyenne16”