Dispute Resolution Under the IDEA: Understanding, Avoiding, and Managing Special Education Disputes(Special Education Law, Policy, and Practice)

This one-of-a-kind, comprehensive resource provides all the information necessary both to avoid and to prepare for special education disputes. This book ensures that all parties receive the necessary information prior to proceeding to complaints, mediations, or hearings. While incorrect or inadequate information can lead to an inappropriate education for students with disabilities, correct information can enhance the education of students with disabilities and help to ensure the legal mandates guaranteed by the federal law. To avoid dispute resolution, it is critically important that education personnel understand how to ensure compliance with significant aspects of the Individuals with Disabilities Education Act. Administrators and teachers must know (a) how to prepare for a state complaint investigation, mediations, and due process hearings, (b) what is involved and what is expected in each, and (c) what happens at the conclusion of the complaint investigation, mediation, or due process hearing. Written for all parties—special education administrators, principals, building administrators, teachers, and parents—this resource provides information about the dispute resolution systems: what is involved, how to prepare, the conduct of the complaint investigations, mediations, and due process hearings. Notably, the authors discuss how disputes can be avoided, but also when they occur, how school staff can to continue to work with productively with parents after the complaint or hearing.

Table of Contents:
Introduction Chapter 1: An Overview of the Individuals with Disabilities Education Act and Dispute Resolution Advance Organizers The Legal Development of Special Education The Courts and Special Education Pennsylvania Association for Retarded Citizens v. Pennsylvania (1972) Mills v. Board of Education (1972) Congress and Special Education Education for All Handicapped Children Act of 1975 (EAHCA) Primary Components of the IDEA Free Appropriate Public Education Evaluation Least Restrictive Environment Procedural Safeguards What is the Dispute Resolution System of the IDEA? Conclusion References Chapter 2: Avoiding Dispute Resolution Advance Organizers The Critical Importance of a Good Parent-School Partnership Factors that Contribute to Establishing Meaningful Parent-School Partnerships in Special Education Communication Be Friendly Listen Be Clear Be Honest Provide and Coordinate Information Commitment Equality Skills Trust Respect Summary: Factors that Contribute to Establishing Meaningful Parent-School Partnerships in Special Education Factors that Contribute to Parent-School Conflicts in Special Education Strategy #1: Provide Training to Administrators and Teachers on Conflict Resolution Procedures Strategy #2: Recognize Situations that Lead to Parent-School Conflicts Discrepant View of a Child or a Child’s Needs Lack of Problem-Solving Knowledge Service Delivery Constraints on Resources Devaluation of the Parent-School Partnership Reciprocal Power Trust and Communication Summary: Factors that Contribute to Parent-School Conflicts in Special Education Alternative Dispute Resolution Mechanisms Strategy #1: Be Prepared for Possible Contentions IEP Meetings Strategy #2: Listen Carefully and Be Willing to Resolve the Dispute Strategy #3: Use an Ombudsperson Strategy #4: Use IEP Facilitation Summary: Alternative Dispute Resolution Mechanisms Conclusion References Chapter 3: State Complaints Advance Organizers Why are States Required to Development and Implement Complaint Procedures? What is a State Complaint? Who May File a State Complaint? The Advantages of Filing a State Complaint Tips on Completing a State Complaint The SEA Complaint Resolution Process Differences Between a State Complaint and a Due Process Hearing Conclusion References Chapter 4: Mediation Advance Organizers What is Mediation? Mediation as a Process Why Choose Mediation? Step One: The Beginning of a Mediation Session Step Two: The Specifics of the Issue Being Mediated Step Three: Conduct the Mediation Session Preparation for Mediation First: Focus on Purpose Second: Clarify the Issues Third: Develop an Index of Documents Fourth: Develop a Summary Fifth: State Your Issues Sixth: Plan Sufficient Time for the Process Seventh: Attendees at the Mediation Eighth: Review the Procedural Safeguards Ninth: Focus on Your Goals What Makes for an Effective Mediation? Mediation Agreements Conclusion References Chapter 5: The Resolution Meeting Advance Organizers Resolution Meetings The Courts and Resolution Meeting Participants in the Resolution Meeting Reaching a Resolution Agreement Benefits of Resolution Meetings Preparing for a Resolution Meeting Conclusion References Chapter 6: Settlement Agreements Advance Organizers The Purpose of a Settlement Agreement Settlement Agreements and Mediation Settlement Agreements and Resolution Meetings The Contents of a Settlement Agreement Enforcement of Settlement Agreements Conclusion References Chapter 7: Due Process Hearings Advance Organizers Due Process Hearings One Tier and Two Tier Due Process Hearing Systems What Is Meant by Special Education Due Process? The Qualifications and Independence of the Hearing Officer Procedural and Substantive Issues Who May Request a Due Process Hearing? Timeline of a Due Process Hearing Notice of a Due Process Hearing Sufficiency Challenge Amended Due Process Hearing Complaint Preliminary Meetings/Prehearing Due Process Hearing Conference Prehearing Subject Matter Disclosure of Exhibits, Witness List, and Introduction of Evidence Stay-Put Rule Due Process Hearing Basics The Conduct of the Due Process Hearing The Burden of Proof in a Due Process Hearing Hearing Officers’ Ruling Civil Action Conclusion References Chapter 8: What to Expect in a Due Process Hearing Advance Organizers Before the Hearing Location The Actual Hearing Stipulations Opening Statements Presentation of Witnesses Sequestration Witness Offer Expert Testimony Exhibits Expedited Hearings Closing Statement Written Closing Statements Hearing Officer Ruling Appeal Implementing the Decision Conclusion Chapter 9: Expert Testimony Advance Organizers Ethical Considerations Expert Testimony and the Law What is an Expert Witness? Conflicting Experts Special Education Expert Witness and the Supreme Court Position on Expert Witness Feed of the Council of Parent Attorneys and Advocates Expert Witness v. Lay Witness Testifying as an Expert Witness Scheduling Issues Mutually Agreed Upon Experts Conclusion References Chapter 10: Witness Preparation for a Due Process Hearing Advance Organizers The Basics of Testimony Direct Examination Cross-Examination Preparing Witnesses for Testifying The Importance of Thorough Preparation The Process of Testifying What to Take to the Witness Seat? Making an Impression Conclusion References Chapter 11: School District Preparation for Due Process Hearings Advance Organizers Prevention The Due Process Hearing Complaint Preparing for a Due Process Hearing Notifying and Interviewing Personnel who may be Involved in the Hearing Superintendent of the School District Attorney for the School District Insurance Carrier for the School District Principals, Teachers, and Others who may be Involved Gathering Relevant Documents Anecdotal Notes Emails and Correspondence After a Hearing Reviewing the Hearing Officer’s Order Addressing Staff Morale Addressing Inappropriate Actions by School Personnel Providing Staff Development Rebuilding Relationships with Parents Adjusting Policies and Procedures Conclusion References Chapter 12: Parent Preparation for a Due Process Hearing Advance Organizers Why Parents File Due Process Complaints Strategies for Improving Collaboration Strategy #1: Stay Child-Centered Strategy #2: Treat Others Respectfully Strategy #3: Meet Face-to-Face Strategy #4: Contact the Correct School District Personnel Strategy #5: Identify the Primary Issue Strategy #6: Do Your Research Strategy #7: Have Follow-Up Meetings Deciding to Request a Due Process Hearing Pre-Hearing Request Steps Step One: Identify the Issue Step Two: Consider the Outcome Step Three: Gather and Organize All of the Files Step Four: Review the Files Step Five: Organize Step Six: Table of Contents Step Seven: Review Your Documents Deciding on Hiring an Attorney Choosing an Attorney Pro Se Representation Positive Aspects of Proceeding Pro Se Negative Aspects of Proceeding Pro Se Additional Advice for Parents Filing a Due Process Complaint Consider Settling the Dispute Participating in a Due Process Hearing Conclusion References Chapter 13: How to Read a Due Process Hearing Decision Advance Organizers What is a Decision? How to Read a Decision Part One: Cover Page Part Two: Executive Summary Part Three: The Issues in the Case Part Four: The Facts of the Case Part Five: Discussion and Conclusion of Law Part Six: The Hearing Officer’s Order What Happens After the Decision? Conclusion Chapter 14: After a Due Process Hearing Advance Organizers The Relief that a Hearing Officer May Order Appealing a Due Process Hearing Decision Should There Be an Appeal? Appealing a Hearing Officer’s Decision The Appeals Process Information in an Appeal of a Hearing Appellate Briefs The Transcript of the Due Process Hearing After Appealing a Court Decision Learning from a Due Process Hearing or State Complaint Plane v. Car Crash Analogy Opportunities to Learn from Due Process Hearings and State Complaints Expenses to be Weighed Conclusion References Appendix A: Settlement and Release Agreement Appendix B: Due Process Hearing Decision Appendix C: Letter from a Hearing Officer to Parent Appendix D: Opening Statement of Hearing Officer Appendix E: Glossary of Legal Terms for Hearings References Index About the Authors

About the Author :
Mitchell L. Yell, PhD, is the Fred and Francis Lester Palmetto Chair in Teacher Education and a Professor in Special Education at the University of South Carolina. His professional interests include special education law, IEP development, progress monitoring, and parent involvement in special education. Dr. Yell has published 136 journal articles, 6 textbooks, 36 book chapters, and has conducted numerous workshops on various aspects of special education law, classroom management, and progress monitoring. His textbook, Special Education and the Law, is in its 5th edition. He co-authored the text Developing Educationally Meaningful and Legally Sound IEPs. Dr. Bateman and Dr. Yell are the editors of the Special Education Law, Policy, and Practice series published by Rowman & Littlefield. In 2020, he was awarded the Researcher of the Year from the Council for Exceptional Children. Dr. Yell also serves as a State-level due process review officer (SRO) in South Carolina and is on the Board of Directors of the Council for Exceptional Children. Prior to working in higher education, Dr. Yell was a special education teacher in Minnesota for 12 years. David F. Bateman, PhD, is a professor at Shippensburg University in the Department of Educational Leadership and Special Education where he teaches courses on special education law, assessment, and facilitating inclusion. He is also a senior consultant at the American Institutes for Research. He is a former due process hearing officer for Pennsylvania where is was involved with 580 hearings. He uses his knowledge of litigation relating to special education to assist school districts in providing appropriate supports for students with disabilities. His latest area of research has been on the role of principals in special education. He has been a classroom teacher of students with learning disabilities, behavior disorders, intellectual disability, and hearing impairments, and a building administrator for summer programs. He has recently co-authored the following books: A Principal’s Guide to Special Education, A Teacher’s Guide to Special Education, Charting the Course: Special Education in Charter Schools, Current Trends and Legal Issues in Special Education, and Developing Educationally Meaningful and Legally Sound IEPs. Drs. Yell and Bateman are the editors of the Special Education Law, Policy, and Practice series published by Rowman & Littlefield. Jonas Dorego, Med, is a retired Compliance Officer for the Guam Department of Education. Ms. Dorego has worked as a compliance officer for the last 20 years managing the Guam Department of Education’s General Supervision System, including managing special education disputes. Her experience includes providing direct technical assistance to school teams on how to develop legally defensible IEPs, preparing school administrators on how to avoid special education disputes with parents, assisting the DOE on how to resolve disputes without going to hearing, preparing school teams to prepare for the actual hearing, and how to implement hearing outcomes.

Review :
An updated guide on special education disputes and overview of related issues, Dispute Resolution Under the IDEA balances providing technical and legal information with application-based information. This resource is vitally important and useful for administrators, special education teachers, general education teachers, related service providers, and parents. Any educator who finds themselves in the special education arena without the background education or experience to truly understand dispute resolution under the IDEA would benefit from this resource. The authors have provided a clear explanation for the reasons for the dispute resolution process, as well as how the process works. Bateman, Yell, and Dorego provide a necessary resource for special education administrators, teachers, and parents of students with disabilities. Disagreements between schools and caregivers can occur when one entity believes FAPE is being denied to a student with a disability. The special education process can be daunting, and when a dispute arises, it can be overwhelming. This book provides important information and strategies for handling disputes once they get to a hearing, but more importantly, offers pro-active steps to avoid disputes altogether. This book demystifies the dispute process by explaining complex processes in understandable terms. It is an excellent resource for professionally and expertly resolving conflicts for the best interest of the student. Bateman, Yell, and Dorego provide an excellent introduction to special education dispute processes. This is a must-read for parents of children with disabilities, school administrators, and those who teach administration and supervision courses. Bateman, Yell, and Dorego's new book provides readers with a focused and detailed clarification of a noticeable gap in the special education law and policy research--namely how parents and school officials can use dispute resolution processes under the IDEA to more successfully manage special education disputes. Additionally, the authors provide readers with a clear road map of recommendations based on decades of professional experiences to navigate the myriad and complexity of dispute resolution processes available under the IDEA, including mediation, resolution meetings, and due process hearings. The current evidence is compelling that effective dispute resolution is a cost and time saving alternative to handling special education disputes compared to litigation. One of the central themes of this book is how to effectively use dispute resolution practices and procedures to facilitate collaborative and positive partnerships between parents and school personnel. The result is a successful and appreciated addition to the special education law literature on how to effectively and efficiently use the procedural safeguards of alternative dispute resolution under the IDEA to better serve students with disabilities. Dispute Resolution Under the IDEA is a thoughtfully written and well-organized book. This book really addresses the intent of IDEA: it offers all stakeholders the same valuable information! The law encourages schools and parents to work together to establish a cooperative process, because no party should have information that provides them a 'unique advantage', and this book gets to the heart of that goal. When everyone involved in the special education process truly understands the provisions of the law and what schools are to provide, there should be less need for mediation and dispute resolution. This book should be mandatory reading in administrator licensing and teacher preparation programs. It would also be valuable for schools to provide parents with this easy to understand book at the beginning of student's journey into special education. Dispute Resolution Under the IDEA is essential reading for anyone interested in knowing what families and schools can--and cannot--expect with the dispute process. The chapters are engaging, clear, and detailed. This book is grounded in current cases and provides the 'nuts and bolts' that other texts miss. I highly recommend! Dispute Resolutions Under the IDEA is an excellent resource for all special education stakeholders. It gives clear guidance on how to amicably resolve disagreements, as well as how to avoid them in the first place. Not only will this text be a valuable addition to teacher prepatory programs, but it can benefit administrators, special education specialists and clinicians, parents of students with disabilities, and disabled individuals. Readers will gain clarity regarding the legal procedures of dispute resolution under IDEA, and how to resolve disputes equitably and legally, to fully protect disabled students and their parents. This is a much-needed resource in the field! The authors provide an outstanding definition of the comprehensive nature of special education law, and offer an array of insights on how to proactively resolve conflict, thus preventing the costly and time-consuming ordeal that litigation involves. This resource is a preventive law jewel indeed. The legal pitfalls in special education law can trap the uninformed practitioner, and its complicated processes can overwhelm parents and student advocates. The authors provide a well-organized text to assist both groups, providing guidance in this complicated but important part of school law. This book could also serve as a textbook in a special education law course for a variety of future educational professionals. This book explains complex legal processes in terms that can be comprehended by multiple stakeholders including administrators, educators, and parents. Additionally, incorporating the most recent supreme court decisions in the discussion provides relevant, up-to-date context on how the interpretation of IDEA has been impacted by this ruling. This book is written in a fair and equitable tone that respects the rights and responsibilities of both parties and explains the complexities of the legalities in terms that can be comprehended by individuals of varying educational backgrounds. This book fills an important gap in special education law materials. It supports educators, school leaders, and families in gaining a comprehensive understanding of the dispute resolution process through a user-friendly, step-by-step explanation presented by experts well-versed in both policy and practice. It will serve as an excellent desk reference for specific aspects of the process as needed! This book is much needed. Special education disputes between parents and school officials can be costly financially and emotionally. There is no doubt this book will help stakeholders negotiate conflict when it occurs. The authors skillfully combine legal guidance with practical advice as they explain the steps to take and why to take them to ensure an appropriate education for students with disabilities. This text is desperately needed: a book dedicated to the appeal process and legal rights of both sides of special education law (specific to IDEA). First and foremost, parents are always looking for resources to improve their understanding of their and their child's rights in the special education process. Readers can find all the information about this topic in one reputable place, follow the law at each step of the process, and understand the process as a whole. With this book, Bateman, Yell, and Dorego offer a much-needed resource for a variety of stakeholders in which they address dispute resolution in a plain-language manner without watering down the essential knowledge and information of this topic. The authors treat the entire range of dispute resolution options, sharing their combined wealth of knowledge regarding multiple processes including the State Complaint Process, which is less often considered and discussed to the extent it is in this text. Readers will note that the information offered may help improve problem solving before litigation is required. They share their advice and strategies with a focus on better services and cooperation among professionals and parents--rather than adversarial processes which are so often the focus of texts. I believe the impact of this book will be a redirection of the collective efforts of stakeholders from time-consuming and costly dispute resolution processes to improved services and instruction for students with disabilities--where it should be.