understanding wyoming dispute resolution procedures: “the ... · at school and in the community....

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

307-777-2961jordan.brock@wyo.gov

Erin Swilling – PIC307-253-8934

eswilling@wpic.org

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