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This document does not offer formal policy guidance from the Office of Special Education Programs at the United States Department of Education.

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Center for Appropriate Dispute Resolution (CADRE)

Team Based Conflict Resolution in Special Education

by Marshall Peter, Anita Engiles, Susan Baxter Quash-Mah and Bonnie Todis
Funding for this document was provided by Grant #H023M20010 from the Division of Innovation and Development, Office of Special Education and Rehabilitative Services, United States Department of Education.

TABLE OF CONTENTS


ABSTRACT

INTRODUCTION

AN ALTERNATIVE TO THE CURRENT SYSTEM

The Model

The People

TEAM CONCILIATION

Case Development

Team Process

The Opening

Step 1 - Identifying Issues

Step 2 - Understanding Interests

Step 3 - Problem Solving and Reaching Agreement

Follow-up

Accommodating Cultural Differences

LOCAL IMPLEMENTATION OF TEAM CONCILIATION

Conciliations

Recruitment of Conciliators

Volunteer Conciliator Training

EVALUATION

Evaluation of Conciliations

Pre-intervention information

Post-intervention interviews

Evaluation of Training

CONCLUSION

APPENDICES


Special Note: The IDEA '97 regulations are very specific that the mediation states must offer when a due process hearing has been requested is to be conducted by a single mediator. Team conciliation is offered not as a process that satisfies these requirements but rather as one of many options that may be useful, in addition to those that are legally required, when parents and educators disagree. Conciliation may be of particular value when those disagreements include issues of culture, gender or class bias. Additional information on this article is available from CADRE Director, Marshall Peter and Mediation Specialist, Anita Engiles.



ABSTRACT



This paper describes a promising method for resolving disagreements between families and school districts regarding students' special education programs. Specifically the paper describes the development of local, community-based mediation teams that use a prescribed process for resolving disagreements.


INTRODUCTION

The Individuals with Disabilities Act (IDEA) is based on the fundamental premise that parents and schools, when working cooperatively together, are uniquely suited to make the best decisions regarding appropriate educational programs for students. The development of an IEP (Individualized Educational Program) is the central process in IDEA's strategy for assuring appropriate educational programs for children with special needs. Building and nurturing the partnerships necessary for good IEPs is at the heart of making IDEA work. When parents and providers of educational services see themselves as partners, they cooperate in the design of the student's IEP.

Because parents and educators may not share identical perceptions of the child or goals for the student and because their roles in the child's life as parent and professional are dissimilar, disput

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