1 00:00:00,000 --> 00:00:11,600 Welcome to Unlimited Parenting, where we discuss having children with disabilities and special 2 00:00:11,600 --> 00:00:13,040 health care needs. 3 00:00:13,040 --> 00:00:19,400 I'm Allison and joining me today are two of my fellow parent education coordinators, Sarah and Melissa 4 00:00:19,400 --> 00:00:20,400 Hello. 5 00:00:20,400 --> 00:00:21,400 And Melissa. 6 00:00:21,400 --> 00:00:22,400 Hello. 7 00:00:22,400 --> 00:00:27,080 And today we're going to be getting into the weeds regarding dispute resolution. 8 00:00:27,080 --> 00:00:31,240 So without further ado, here we go. 9 00:00:31,240 --> 00:00:40,560 So before we get into specifics regarding options and stories, I wanted to say quickly 10 00:00:40,560 --> 00:00:43,280 what a brief recap of IDEA. 11 00:00:43,280 --> 00:00:46,120 So pop in if I pop off and say something wrong. 12 00:00:46,120 --> 00:00:47,120 Okay. 13 00:00:47,120 --> 00:00:52,760 So Individuals with Disabilities Education Act or IDEA is a federal law that ensures 14 00:00:52,760 --> 00:00:58,760 students with disabilities receive a free and appropriate public education, otherwise 15 00:00:58,760 --> 00:01:03,360 known as FAPE, that meets their unique needs. 16 00:01:03,360 --> 00:01:08,720 So today we're addressing various ways parents or guardians can resolve disputes with the 17 00:01:08,720 --> 00:01:14,840 school or the school district or the team when it comes to special education services. 18 00:01:14,840 --> 00:01:19,640 So this information as well as rights and responsibilities are outlined in procedural 19 00:01:19,640 --> 00:01:29,120 safeguards, which should be hopefully given at every IEP meeting, evaluation, et cetera. 20 00:01:29,120 --> 00:01:36,320 Okay so when we're talking about dispute resolution, we're not all of these, the spectrum of options 21 00:01:36,320 --> 00:01:40,280 are available to anyone at any point in time. 22 00:01:40,280 --> 00:01:41,280 Okay. 23 00:01:41,280 --> 00:01:42,840 No, no, please. 24 00:01:42,840 --> 00:01:47,280 Well, I just was going to say facilitated IEPs are not available in every single state. 25 00:01:47,280 --> 00:01:49,120 We are really lucky in Idaho. 26 00:01:49,120 --> 00:01:54,760 I don't know the exact number, but all of these options may not be available in all 27 00:01:54,760 --> 00:01:56,640 states. 28 00:01:56,640 --> 00:02:01,440 Facilitated IEPs being that one that wouldn't maybe be available universally. 29 00:02:01,440 --> 00:02:03,480 Did I jump the gun? 30 00:02:03,480 --> 00:02:04,480 No, you didn't. 31 00:02:04,480 --> 00:02:05,480 You didn't jump the gun. 32 00:02:05,480 --> 00:02:08,200 But you make a good point. 33 00:02:08,200 --> 00:02:13,080 But say a parent is calling one of the three of us. 34 00:02:13,080 --> 00:02:16,280 We're telling them this spectrum of options. 35 00:02:16,280 --> 00:02:19,320 You can choose from anything on this menu. 36 00:02:19,320 --> 00:02:25,880 However, tell me more about your specific situation so we can decide if one may be... 37 00:02:25,880 --> 00:02:30,640 Just a phone call to our teacher or the principal or if we need to go all... 38 00:02:30,640 --> 00:02:31,640 Absolutely. 39 00:02:31,640 --> 00:02:32,640 Exactly. 40 00:02:32,640 --> 00:02:34,800 So lowest level appropriate. 41 00:02:34,800 --> 00:02:35,800 Is that the phrase? 42 00:02:35,800 --> 00:02:36,800 Yeah. 43 00:02:36,800 --> 00:02:38,520 I like that. 44 00:02:38,520 --> 00:02:43,720 Just know that wherever you're listening to this, if you're jumping ahead to a specific 45 00:02:43,720 --> 00:02:48,480 section, just know that you can, just because you've requested facilitation doesn't mean 46 00:02:48,480 --> 00:02:52,920 you can't request due process or vice versa. 47 00:02:52,920 --> 00:02:53,920 Absolutely. 48 00:02:53,920 --> 00:02:54,920 Okay. 49 00:02:54,920 --> 00:02:57,680 So let's talk about... 50 00:02:57,680 --> 00:02:58,680 We have a child. 51 00:02:58,680 --> 00:03:00,240 His name is Chad. 52 00:03:00,240 --> 00:03:03,360 And for the rest of this conversation, he will be named Chad. 53 00:03:03,360 --> 00:03:04,360 Okay. 54 00:03:04,360 --> 00:03:05,360 I got Chad. 55 00:03:05,360 --> 00:03:07,880 And his name is Levon. 56 00:03:07,880 --> 00:03:12,640 His parents are Sandra and David, and he goes to Apple Elementary. 57 00:03:12,640 --> 00:03:13,880 Okay. 58 00:03:13,880 --> 00:03:16,120 So Sandra has called us to Apple. 59 00:03:16,120 --> 00:03:20,040 I need to put in a disclaimer that these are just made up names. 60 00:03:20,040 --> 00:03:21,040 Yep. 61 00:03:21,040 --> 00:03:23,040 We don't know this child named Chad. 62 00:03:23,040 --> 00:03:24,040 Nope. 63 00:03:24,040 --> 00:03:25,040 We don't know Sandra and David. 64 00:03:25,040 --> 00:03:31,200 Just for all intents and purposes of education and educating our listeners. 65 00:03:31,200 --> 00:03:33,680 I wish I would have named it Wayside Elementary. 66 00:03:33,680 --> 00:03:36,920 Do you remember those books, Wayside School? 67 00:03:36,920 --> 00:03:37,920 Yeah. 68 00:03:37,920 --> 00:03:38,920 Or Bayside. 69 00:03:38,920 --> 00:03:39,920 Bayside? 70 00:03:39,920 --> 00:03:40,920 Like... 71 00:03:40,920 --> 00:03:41,920 Saved by the Bell. 72 00:03:41,920 --> 00:03:42,920 Well, we're dating ourselves. 73 00:03:42,920 --> 00:03:52,800 For those listeners who were born after 1985, stick with me at Wayside School. 74 00:03:52,800 --> 00:03:53,880 Okay. 75 00:03:53,880 --> 00:03:58,720 So yes, all of the names have been changed to protect the innocent. 76 00:03:58,720 --> 00:04:00,080 Everything is anonymous. 77 00:04:00,080 --> 00:04:08,760 We have even based loosely our scenarios off of scenarios that we've heard of, but they 78 00:04:08,760 --> 00:04:13,760 are non-identifiable, any information that we give, you would not be able to identify 79 00:04:13,760 --> 00:04:15,240 who we were speaking of. 80 00:04:15,240 --> 00:04:16,240 Okay. 81 00:04:16,240 --> 00:04:24,540 So Chad attends Apple Elementary and his mom, Sandra, is giving us a call and she is struggling. 82 00:04:24,540 --> 00:04:26,260 It's the beginning of the school year. 83 00:04:26,260 --> 00:04:34,320 She feels like nobody knows anything about Chad's IEP. 84 00:04:34,320 --> 00:04:40,000 So when we're talking to her, we find out that she hasn't reached out to anyone outside 85 00:04:40,000 --> 00:04:41,000 of the school. 86 00:04:41,000 --> 00:04:42,000 Okay. 87 00:04:42,000 --> 00:04:45,400 So what are we going to say first? 88 00:04:45,400 --> 00:04:46,400 Pop quiz. 89 00:04:46,400 --> 00:04:47,400 Pop quiz? 90 00:04:47,400 --> 00:04:49,360 You didn't tell us that. 91 00:04:49,360 --> 00:04:51,200 Is there like a button for that? 92 00:04:51,200 --> 00:04:53,200 No buttons, no prizes. 93 00:04:53,200 --> 00:04:59,220 Sandra, I'm going to ask Sandra, have you talked to your special education director? 94 00:04:59,220 --> 00:05:00,640 That's my first question. 95 00:05:00,640 --> 00:05:07,760 I am always going to ask when any dispute, they are truly, in most cases, the lowest 96 00:05:07,760 --> 00:05:10,840 level appropriate. 97 00:05:10,840 --> 00:05:18,080 And let's just say for pretend to play devil's advocate here, let's say they're not the most 98 00:05:18,080 --> 00:05:19,080 appropriate. 99 00:05:19,080 --> 00:05:20,160 Yeah, they might not be. 100 00:05:20,160 --> 00:05:25,960 They still want to know what's happening versus when you filed a complaint or something like 101 00:05:25,960 --> 00:05:31,560 that and then they hear about it from the State Department of Education. 102 00:05:31,560 --> 00:05:32,560 Yeah. 103 00:05:32,560 --> 00:05:33,560 Yes. 104 00:05:33,560 --> 00:05:37,160 And no, I would just say in those cases, she gave me a look. 105 00:05:37,160 --> 00:05:42,480 She looked at me like there are reasons this is not video. 106 00:05:42,480 --> 00:05:47,840 The only time that I would say that that may not be appropriate is if the special education 107 00:05:47,840 --> 00:05:52,000 director themselves was involved in some form of the dispute. 108 00:05:52,000 --> 00:05:55,760 So maybe they were just, does that make sense? 109 00:05:55,760 --> 00:05:56,760 Yes. 110 00:05:56,760 --> 00:05:57,760 It does make sense. 111 00:05:57,760 --> 00:06:03,560 So that would be the only time where it maybe wasn't appropriate to first give them a head 112 00:06:03,560 --> 00:06:04,560 up. 113 00:06:04,560 --> 00:06:05,560 Give them that heads up. 114 00:06:05,560 --> 00:06:06,560 Yeah. 115 00:06:06,560 --> 00:06:12,360 If they were part of the state complaint, if they're part of the problem, but typically 116 00:06:12,360 --> 00:06:17,920 you would want to reach out to the special ed director to maybe clarify some miscommunication 117 00:06:17,920 --> 00:06:23,520 or perhaps maybe it's a new kiddo or who knows what the scenario is. 118 00:06:23,520 --> 00:06:29,920 Because making sure that they know that they can answer questions if there's a service 119 00:06:29,920 --> 00:06:36,840 that could be available or maybe the school is not aware of, the special ed director cannot 120 00:06:36,840 --> 00:06:38,320 make those decisions. 121 00:06:38,320 --> 00:06:39,320 Exactly. 122 00:06:39,320 --> 00:06:46,280 And I think that this is a good pause point to just say that we recognize that West Ada 123 00:06:46,280 --> 00:06:51,840 School District, Boise School District look very different than more rural school districts 124 00:06:51,840 --> 00:06:59,000 or even charters where the special education director could also fulfill another role within 125 00:06:59,000 --> 00:07:00,960 the school. 126 00:07:00,960 --> 00:07:02,760 So there's that little caveat too. 127 00:07:02,760 --> 00:07:08,160 So let's say Sandra and David are from a really rural school district. 128 00:07:08,160 --> 00:07:10,840 So when I say, have you reached out to your special education director? 129 00:07:10,840 --> 00:07:13,440 They might also say, yeah, that's also our principal. 130 00:07:13,440 --> 00:07:14,440 Right. 131 00:07:14,440 --> 00:07:16,200 Yeah, we hear that all the time. 132 00:07:16,200 --> 00:07:20,880 So just for everyone out there, there's two different types of school districts and it's 133 00:07:20,880 --> 00:07:23,040 not just the great state of Ada. 134 00:07:23,040 --> 00:07:24,040 Right. 135 00:07:24,040 --> 00:07:25,040 Yep. 136 00:07:25,040 --> 00:07:30,560 So tagging onto what Melissa had said earlier, facilitation is not required. 137 00:07:30,560 --> 00:07:35,980 It is just something that Idaho happens to have out of the goodness of their heart as 138 00:07:35,980 --> 00:07:38,400 an option for schools and parents. 139 00:07:38,400 --> 00:07:43,960 It's offered in 26 states, but it's not mandatory under IDEA. 140 00:07:43,960 --> 00:07:49,080 So let's talk more about facilitation in specific. 141 00:07:49,080 --> 00:07:53,920 And I feel like, correct me if I'm wrong, but we could probably do a whole podcast just 142 00:07:53,920 --> 00:08:00,560 on facilitation because I feel like that's the one that gets selected the most. 143 00:08:00,560 --> 00:08:01,560 Yeah. 144 00:08:01,560 --> 00:08:05,600 Cause it is such a great option for families and districts alike. 145 00:08:05,600 --> 00:08:08,860 It's no cost to families, no cost to districts. 146 00:08:08,860 --> 00:08:13,880 And it really brings teams that it brings teams together. 147 00:08:13,880 --> 00:08:17,200 They are overwhelmingly successful. 148 00:08:17,200 --> 00:08:23,160 I don't know the exact ratio from last year, but overwhelmingly. 149 00:08:23,160 --> 00:08:31,320 Previous years we've had 75, 80 facilitated IEP meetings where, and then you go up your 150 00:08:31,320 --> 00:08:36,400 next level of mediation and you have a few more than that, but, or a few less than that, 151 00:08:36,400 --> 00:08:40,240 but you still have a higher number. 152 00:08:40,240 --> 00:08:45,360 But then you get into your dispute resolution, I mean, sorry, due process where you're now 153 00:08:45,360 --> 00:08:48,960 involved in a hearing with the judge and all of those things. 154 00:08:48,960 --> 00:08:54,220 And we've seen not very many of those, maybe three, three to four a year where facilitation 155 00:08:54,220 --> 00:09:01,480 really just keeps our families out of litigation, keeps our families in the school districts 156 00:09:01,480 --> 00:09:08,600 from having to go that far in solving disputes or communication breakdown or whatever the 157 00:09:08,600 --> 00:09:11,200 case may be. 158 00:09:11,200 --> 00:09:17,880 And really is just having that central neutral party who's going to help keep the meeting 159 00:09:17,880 --> 00:09:21,760 moving along with who at the center? 160 00:09:21,760 --> 00:09:22,760 The child. 161 00:09:22,760 --> 00:09:23,920 Sorry, I don't know. 162 00:09:23,920 --> 00:09:28,000 I sounded like I hadn't spoken. 163 00:09:28,000 --> 00:09:31,640 I was laughing earlier because you were really spot on about the data because I wrote some 164 00:09:31,640 --> 00:09:34,760 data down to add in here. 165 00:09:34,760 --> 00:09:38,400 Facilitations accounted for the majority of the caseload in dispute resolution. 166 00:09:38,400 --> 00:09:43,080 So 74% of anything filed was facilitation. 167 00:09:43,080 --> 00:09:51,600 And in 2019, Idaho, the great state of Idaho had 141 requests and held 134 facilitations, 168 00:09:51,600 --> 00:10:00,840 which resulted in an 87% agreement rate. 169 00:10:00,840 --> 00:10:05,480 And so I say those numbers that I just threw out to you, that's been consistent over the 170 00:10:05,480 --> 00:10:07,040 last five to six years. 171 00:10:07,040 --> 00:10:13,160 So that's kind of why I had that random knowledge in my head is that that's how we've seen the 172 00:10:13,160 --> 00:10:21,680 trends over the years and how effective facilitation is and having someone there to help school 173 00:10:21,680 --> 00:10:31,360 districts and teams and families really communicate on a level that is special education IDEA 174 00:10:31,360 --> 00:10:33,000 specific. 175 00:10:33,000 --> 00:10:37,720 And really not adversarial, I think is what I'm trying to say. 176 00:10:37,720 --> 00:10:38,720 Oh yeah. 177 00:10:38,720 --> 00:10:44,760 I don't think the majority of families are walking out of facilitation with a bull's 178 00:10:44,760 --> 00:10:45,760 eye on their back. 179 00:10:45,760 --> 00:10:48,520 Like they're not that family now. 180 00:10:48,520 --> 00:10:54,080 I think it, you know, we were almost there in so many of these cases. 181 00:10:54,080 --> 00:10:58,560 We were just really, really close to being, you know, in agreement. 182 00:10:58,560 --> 00:11:01,760 And it was just a couple of things that were keeping that from happening. 183 00:11:01,760 --> 00:11:05,620 And that facilitator was really able to kind of punch through and make that happen. 184 00:11:05,620 --> 00:11:12,760 So I think overwhelmingly they are positive and they create those long-term partnerships. 185 00:11:12,760 --> 00:11:17,080 And I feel like we, sorry, Allison, I feel like we hear from families too that were, 186 00:11:17,080 --> 00:11:23,160 are nervous at first to request facilitation or reach out to the state department. 187 00:11:23,160 --> 00:11:27,520 But then once they do, and we hear back from them, they're so grateful and thankful and 188 00:11:27,520 --> 00:11:33,680 they felt like they were taken care of and everyone was so kind and, and respectful. 189 00:11:33,680 --> 00:11:40,160 Even in some pretty, pretty almost adverse situations where facilitation has really come 190 00:11:40,160 --> 00:11:44,560 in and I feel like we're doing an infomercial today. 191 00:11:44,560 --> 00:11:49,800 But no, it's at no cost to families. 192 00:11:49,800 --> 00:11:55,480 No, but actually let's take that time to bring up that really good point, which is Idaho 193 00:11:55,480 --> 00:12:02,800 Parents Unlimited is a nonprofit that supports parents, educators in knowing resources and 194 00:12:02,800 --> 00:12:04,520 rights and responsibilities. 195 00:12:04,520 --> 00:12:07,440 So we are not on anybody's side. 196 00:12:07,440 --> 00:12:08,640 Absolutely. 197 00:12:08,640 --> 00:12:12,780 So if you're, I have had parents who have called and said, you know, I'm worried about 198 00:12:12,780 --> 00:12:17,080 giving information because I don't want it to get back to my school. 199 00:12:17,080 --> 00:12:22,240 And that always shocks me because it makes me recognize that not everybody understands 200 00:12:22,240 --> 00:12:27,920 the scope of what we do and how I can't even communicate to the school on your behalf unless 201 00:12:27,920 --> 00:12:29,680 you give me written permission. 202 00:12:29,680 --> 00:12:34,960 So nothing, everything that you say stays within these four walls, right? 203 00:12:34,960 --> 00:12:35,960 Absolutely. 204 00:12:35,960 --> 00:12:38,240 And I think schools, schools are the same way. 205 00:12:38,240 --> 00:12:42,880 They feel the same when, when we have schools reach out to us just to ask a certain question 206 00:12:42,880 --> 00:12:49,920 or a simple question, they, there's no identifiable information shared whatsoever. 207 00:12:49,920 --> 00:12:50,920 Yeah. 208 00:12:50,920 --> 00:12:51,920 There should not be. 209 00:12:51,920 --> 00:12:55,320 And then they're asking questions like, do you have a resource that I could give to a 210 00:12:55,320 --> 00:12:58,840 parent who was asking me this question in family friendly language? 211 00:12:58,840 --> 00:12:59,840 Yeah. 212 00:12:59,840 --> 00:13:03,800 So you guys want to hear one more year of facilitation? 213 00:13:03,800 --> 00:13:07,280 I do because I'm curious what COVID did. 214 00:13:07,280 --> 00:13:08,640 Yes, exactly. 215 00:13:08,640 --> 00:13:16,320 So school year 2020, 2021, Idaho had 95 requests held 88. 216 00:13:16,320 --> 00:13:19,720 So the year previous 141 requests. 217 00:13:19,720 --> 00:13:23,800 Now we're down to 95, but 94% agreement rate. 218 00:13:23,800 --> 00:13:24,800 Okay. 219 00:13:24,800 --> 00:13:30,680 So that's up a bit from the year before and, but represents a decrease of 32% from the 220 00:13:30,680 --> 00:13:32,440 year prior in terms of requests. 221 00:13:32,440 --> 00:13:35,400 So it was still getting utilized. 222 00:13:35,400 --> 00:13:37,040 I'm actually really surprised. 223 00:13:37,040 --> 00:13:40,960 Allison, can I ask where you're getting this information? 224 00:13:40,960 --> 00:13:44,720 I have been waiting for someone to ask. 225 00:13:44,720 --> 00:13:50,800 Yes, so this information that I am sharing right now is also going to be linked in the 226 00:13:50,800 --> 00:13:52,360 episode description. 227 00:13:52,360 --> 00:13:56,080 So it's from the state department of education's website. 228 00:13:56,080 --> 00:14:01,840 So if you go into their reporting, you click dispute resolution and then it'll pop up and 229 00:14:01,840 --> 00:14:08,680 it is an Excel spreadsheet of years 2016 to current. 230 00:14:08,680 --> 00:14:09,680 Okay. 231 00:14:09,680 --> 00:14:15,560 So it does give you a lot of data to review and reflect back on so that you can, you know, 232 00:14:15,560 --> 00:14:19,320 determine correlation versus causation and stuff. 233 00:14:19,320 --> 00:14:21,840 But I think it's really interesting that when you click on the link, it's not just that 234 00:14:21,840 --> 00:14:24,120 one school year, it's several school years. 235 00:14:24,120 --> 00:14:25,840 So anybody can find it. 236 00:14:25,840 --> 00:14:26,840 It's accessible. 237 00:14:26,840 --> 00:14:29,720 I did not need a password or any kind of encrypted. 238 00:14:29,720 --> 00:14:33,280 I'm not from CSI hacking it. 239 00:14:33,280 --> 00:14:37,360 But yes, I will link that down and all of the information that I talk about in the next 240 00:14:37,360 --> 00:14:40,520 series of steps is coming from the same worksheet. 241 00:14:40,520 --> 00:14:46,480 If a lot of our parents are choosing to go the way of facilitation and they want to hear 242 00:14:46,480 --> 00:14:50,840 about it and they want to know more about it, let's talk more about it. 243 00:14:50,840 --> 00:14:52,320 I know novel thought. 244 00:14:52,320 --> 00:14:55,640 So what would you do to prepare? 245 00:14:55,640 --> 00:14:57,360 What would I do as a parent? 246 00:14:57,360 --> 00:14:58,360 Yes. 247 00:14:58,360 --> 00:15:01,520 I would ensure that I had my students documents. 248 00:15:01,520 --> 00:15:10,240 I had their IEP, their eligibility, progress reports, anything pertinent to the disagreement 249 00:15:10,240 --> 00:15:11,720 that we were going to be talking about. 250 00:15:11,720 --> 00:15:19,080 I'm going to have data to support that so that I can argue my case with data to show 251 00:15:19,080 --> 00:15:20,220 the in support. 252 00:15:20,220 --> 00:15:22,240 But I also want to have all of my ducks in a row. 253 00:15:22,240 --> 00:15:23,760 I want to have all of my documents. 254 00:15:23,760 --> 00:15:27,360 I want to know what is everybody's going to be talking about, what everybody's going to 255 00:15:27,360 --> 00:15:28,600 be referencing. 256 00:15:28,600 --> 00:15:31,760 I really want to know what I'm there for, what I'm talking about. 257 00:15:31,760 --> 00:15:32,760 And that's my student. 258 00:15:32,760 --> 00:15:35,000 I want my student forefront. 259 00:15:35,000 --> 00:15:36,000 That's why we're there. 260 00:15:36,000 --> 00:15:39,400 We're in a disagreement about something in terms of his education. 261 00:15:39,400 --> 00:15:41,480 So I want my student to be forefront. 262 00:15:41,480 --> 00:15:43,920 So I might even take a picture. 263 00:15:43,920 --> 00:15:44,920 Yeah. 264 00:15:44,920 --> 00:15:45,920 Do you have anything you would add? 265 00:15:45,920 --> 00:15:50,640 Loud, loud person in the corner. 266 00:15:50,640 --> 00:15:54,480 A booming excitement. 267 00:15:54,480 --> 00:15:58,960 I think I would just add that I thought about it ahead of time. 268 00:15:58,960 --> 00:16:01,160 I would contact my parent center. 269 00:16:01,160 --> 00:16:06,800 I'd find out anything I could to be prepared. 270 00:16:06,800 --> 00:16:11,800 There are many resources that are in parent friendly language about what facilitation 271 00:16:11,800 --> 00:16:18,400 is, what to expect, where to find information, and what does it look like. 272 00:16:18,400 --> 00:16:22,440 Facilitation is not a fun, easy, unscary word, right? 273 00:16:22,440 --> 00:16:23,440 Right. 274 00:16:23,440 --> 00:16:26,400 Everybody fears what they don't know a lot about. 275 00:16:26,400 --> 00:16:28,280 Some people think it's adversarial. 276 00:16:28,280 --> 00:16:31,280 Some people might think it's not adversarial enough. 277 00:16:31,280 --> 00:16:36,720 So wherever you fall on this decision tree, knowledge is power, right? 278 00:16:36,720 --> 00:16:37,720 Yeah. 279 00:16:37,720 --> 00:16:42,800 And then maybe reach out to someone if I know who's been through it and get their thoughts 280 00:16:42,800 --> 00:16:45,080 and things like that. 281 00:16:45,080 --> 00:16:52,200 I try to put myself in the situation so that I go in as informed as possible. 282 00:16:52,200 --> 00:16:56,600 And it's really unique for everybody. 283 00:16:56,600 --> 00:16:59,400 So the core parts are always going to be the same. 284 00:16:59,400 --> 00:17:00,760 It's voluntary process. 285 00:17:00,760 --> 00:17:01,760 Both sides agree. 286 00:17:01,760 --> 00:17:02,760 The school and the parents. 287 00:17:02,760 --> 00:17:07,520 It's a neutral third party person from the State Department of Education. 288 00:17:07,520 --> 00:17:14,320 But from there, it can kind of get unique in how many facilitated meetings you have, 289 00:17:14,320 --> 00:17:16,720 who is there, how many people are there. 290 00:17:16,720 --> 00:17:18,920 Is it the same amount both meetings? 291 00:17:18,920 --> 00:17:24,760 It really gets really unique based on the reason, the request for facilitation. 292 00:17:24,760 --> 00:17:28,860 Any parting thoughts before we move on to the next step? 293 00:17:28,860 --> 00:17:34,600 I would say the facilitator is also going to reach out to the parents, get that background 294 00:17:34,600 --> 00:17:35,600 information. 295 00:17:35,600 --> 00:17:38,040 They will be doing the same thing to the school and the district. 296 00:17:38,040 --> 00:17:46,160 So the facilitator also will do their due diligence and really learning about the situation. 297 00:17:46,160 --> 00:17:50,920 So I guess I would say just provide the facilitator with as much of that information as possible 298 00:17:50,920 --> 00:17:53,120 so they're getting a really clear picture too. 299 00:17:53,120 --> 00:17:56,120 And they can really help. 300 00:17:56,120 --> 00:18:00,080 The last thing I would add to facilitation because I would assume we're moving up the 301 00:18:00,080 --> 00:18:01,080 chain, right? 302 00:18:01,080 --> 00:18:02,080 Yeah. 303 00:18:02,080 --> 00:18:07,120 And I don't want to say step because you can go back and forth at any point in this process. 304 00:18:07,120 --> 00:18:13,920 I think that I would add in our experience that we have heard is that schools can request 305 00:18:13,920 --> 00:18:16,280 facilitation as well. 306 00:18:16,280 --> 00:18:24,240 And we've heard a lot or we've heard that it's been really helpful for some schools 307 00:18:24,240 --> 00:18:30,000 who struggle to find that good communication middle ground. 308 00:18:30,000 --> 00:18:35,960 Or we've got some new special education teachers or teachers who just might need a little bit 309 00:18:35,960 --> 00:18:42,640 of help in that organization of some of our more complex IEPs. 310 00:18:42,640 --> 00:18:50,080 And yeah, if a family is contacted saying that the school wants to have a facilitated 311 00:18:50,080 --> 00:18:55,720 IEP meeting, I don't know that I would worry too much about, you know, oh my gosh, did 312 00:18:55,720 --> 00:18:59,600 I do something wrong or is something going on that I'm not aware of? 313 00:18:59,600 --> 00:19:00,920 Are they ganging up on me? 314 00:19:00,920 --> 00:19:02,420 What's happening? 315 00:19:02,420 --> 00:19:10,460 It's really a tool for both the school districts and families to really just come together. 316 00:19:10,460 --> 00:19:17,080 And to figure out how to have an effective conversation, like a conversation that is 317 00:19:17,080 --> 00:19:23,360 meaningful and will go somewhere versus just spinning in our chairs. 318 00:19:23,360 --> 00:19:28,560 And sometimes, especially when we need to build back positive partnerships, we can get 319 00:19:28,560 --> 00:19:35,360 lost and kind of make it a parent versus teacher or parent versus school and forget that the 320 00:19:35,360 --> 00:19:40,200 whole reason why we're there and that we both agree that we want to support the child. 321 00:19:40,200 --> 00:19:45,880 Pretend that Sandra and David have called us here at Idaho Parents Unlimited because 322 00:19:45,880 --> 00:19:48,300 they want to know more about mediation. 323 00:19:48,300 --> 00:19:55,280 So mediation is a lot of, you know, if we're talking about like promotional materials or 324 00:19:55,280 --> 00:19:59,760 like blurbs that we would tell people is, you know, we're still talking about decisions 325 00:19:59,760 --> 00:20:05,940 being made by individuals who know the child quicker resolution options than if you were 326 00:20:05,940 --> 00:20:11,280 to pursue, say, dispute or excuse me, due process. 327 00:20:11,280 --> 00:20:15,060 But then some of the things that really make it different than facilitation is that we're 328 00:20:15,060 --> 00:20:19,320 talking about like a legally binding agreement. 329 00:20:19,320 --> 00:20:23,640 We're only having three people for the parent side. 330 00:20:23,640 --> 00:20:29,640 And then I hate saying that because I don't want to make it sound like sides. 331 00:20:29,640 --> 00:20:35,480 But three people on each that represent the family, three that represent the school district. 332 00:20:35,480 --> 00:20:41,680 See, even I struggle to find to make it sound not as adversarial because it's not side versus 333 00:20:41,680 --> 00:20:42,680 side. 334 00:20:42,680 --> 00:20:43,680 Right. 335 00:20:43,680 --> 00:20:45,120 So yes, a total of six people. 336 00:20:45,120 --> 00:20:46,120 Right. 337 00:20:46,120 --> 00:20:49,360 Again, this is still voluntary on both sides. 338 00:20:49,360 --> 00:20:55,240 So if the parents say we want to utilize mediation, then the school would also have to say yes. 339 00:20:55,240 --> 00:21:02,600 I am not getting a lot of families or schools ever requesting mediation. 340 00:21:02,600 --> 00:21:07,720 Well, I think that just goes to show that facilitation is very effective. 341 00:21:07,720 --> 00:21:13,880 And when you're when we're talking about mediation, we're now talking about two to three issues 342 00:21:13,880 --> 00:21:20,400 that really we no one can come to agreement on, we just can't resolve the dispute or the 343 00:21:20,400 --> 00:21:24,960 conflict or whatever the conversation may be, we cannot come to an agreement. 344 00:21:24,960 --> 00:21:32,440 So we need to enter into a mediated conversation where now we're only talking about those two 345 00:21:32,440 --> 00:21:40,960 maybe three at the most hot button items where we are not taking notes at this meeting. 346 00:21:40,960 --> 00:21:41,960 It looks very different. 347 00:21:41,960 --> 00:21:44,760 It might feel very different. 348 00:21:44,760 --> 00:21:50,680 And whatever comes out of that is is is what goes. 349 00:21:50,680 --> 00:21:55,400 So let me ask this, if I've decided to do mediation, I've gone through the entire process 350 00:21:55,400 --> 00:22:00,800 and I don't like the results. 351 00:22:00,800 --> 00:22:03,280 Can I go to do process with that afterwards? 352 00:22:03,280 --> 00:22:06,120 It depends on what comes out of your mediation. 353 00:22:06,120 --> 00:22:07,400 It depends on your NDR. 354 00:22:07,400 --> 00:22:15,240 It depends on what you guys because what will come out of in most cases, probably not. 355 00:22:15,240 --> 00:22:19,400 Which again is when we send these emails and we tell people, you know, please keep us updated. 356 00:22:19,400 --> 00:22:20,760 We want to hear how this goes. 357 00:22:20,760 --> 00:22:24,400 Feel free to reach back out if you want to brainstorm new solutions. 358 00:22:24,400 --> 00:22:28,880 We never hear back from parents who have used mediation because they can't. 359 00:22:28,880 --> 00:22:29,880 Yeah. 360 00:22:29,880 --> 00:22:31,600 They legally cannot. 361 00:22:31,600 --> 00:22:32,760 They will walk away. 362 00:22:32,760 --> 00:22:39,600 You have to sign a confidentiality agreement, which then makes it when when you're asking 363 00:22:39,600 --> 00:22:43,920 if they could go to do process, they could go to do process for additional items. 364 00:22:43,920 --> 00:22:48,360 But none of the points in which, like Sarah said, maybe it's one or two things that we 365 00:22:48,360 --> 00:22:52,320 are in content, you know, that we are talking about in mediation. 366 00:22:52,320 --> 00:22:54,760 Those two points cannot then go to do process. 367 00:22:54,760 --> 00:22:58,840 In my understanding, I'm not an attorney and I do not represent or play one on TV. 368 00:22:58,840 --> 00:23:03,120 Yes, I just want to put that legal disclaimer out there. 369 00:23:03,120 --> 00:23:08,840 We can't offer any kind of legal advice, but we can tell you about resources and provide 370 00:23:08,840 --> 00:23:10,320 you those resources. 371 00:23:10,320 --> 00:23:13,640 However, the reverse is not true in that situation. 372 00:23:13,640 --> 00:23:17,640 So let's say you were doing you're in the middle of due process and you decide, hey, 373 00:23:17,640 --> 00:23:20,040 I'd actually let's stop and do mediation. 374 00:23:20,040 --> 00:23:21,520 You can do that. 375 00:23:21,520 --> 00:23:22,520 Absolutely. 376 00:23:22,520 --> 00:23:25,240 And I think that happens more often than not. 377 00:23:25,240 --> 00:23:30,440 I think people get very excited and gung ho and we are going to stick it to the school. 378 00:23:30,440 --> 00:23:34,400 And then they go, oh, maybe we can just deal with this. 379 00:23:34,400 --> 00:23:35,400 Exactly. 380 00:23:35,400 --> 00:23:36,400 More formal conversation. 381 00:23:36,400 --> 00:23:41,140 Formal, a little bit lower dispute resolution. 382 00:23:41,140 --> 00:23:43,360 Mediation is still dispute resolution. 383 00:23:43,360 --> 00:23:50,160 It's still we're still in disagreement, but it's a little less formal, but still formal. 384 00:23:50,160 --> 00:23:52,600 In the fact that we're not going in front of a hearing officer. 385 00:23:52,600 --> 00:23:53,600 Right. 386 00:23:53,600 --> 00:23:54,600 Yes. 387 00:23:54,600 --> 00:23:55,600 We're not out of the court system. 388 00:23:55,600 --> 00:24:02,880 We're still we're still in that decision making conversation where we can go back and forth 389 00:24:02,880 --> 00:24:11,400 and communicate with each other and not through our representation of of that legal. 390 00:24:11,400 --> 00:24:17,640 That's exactly what I was going to say in terms of there's no we're still within the 391 00:24:17,640 --> 00:24:19,880 school and the school district level. 392 00:24:19,880 --> 00:24:26,480 So people who still know who Chad is and what class he's in and they even know him personally 393 00:24:26,480 --> 00:24:33,640 versus if we were in due process or expedited due process, we're outside of witnesses. 394 00:24:33,640 --> 00:24:40,080 This is someone who's never met this child, has never set foot in Apple Elementary. 395 00:24:40,080 --> 00:24:41,080 That kind of stuff. 396 00:24:41,080 --> 00:24:42,800 So who's ready for some statistics? 397 00:24:42,800 --> 00:24:43,800 Let's do it. 398 00:24:43,800 --> 00:24:45,800 You know us in data. 399 00:24:45,800 --> 00:24:46,800 Exactly. 400 00:24:46,800 --> 00:24:51,920 I'm going to bow out, but you can just geek out. 401 00:24:51,920 --> 00:24:56,400 Surprisingly, there's not a lot because there's not a lot. 402 00:24:56,400 --> 00:25:07,640 So in 2020, so that's school year 2020 to 2021, Idaho had 15 mediation requests and 403 00:25:07,640 --> 00:25:12,720 eight of those were ones that were not related to a due process hearing. 404 00:25:12,720 --> 00:25:18,080 So again, there's that crossover where if you've gone to due process, you can always 405 00:25:18,080 --> 00:25:20,000 take it back. 406 00:25:20,000 --> 00:25:27,620 And then 2021 to 2022, which was last school year, there were 12 and five of those were 407 00:25:27,620 --> 00:25:30,760 not related to due process. 408 00:25:30,760 --> 00:25:35,700 So essentially eight and then the following year five. 409 00:25:35,700 --> 00:25:40,600 So I guess that would really explain why it's not something that's that we get a lot of 410 00:25:40,600 --> 00:25:41,600 calls about. 411 00:25:41,600 --> 00:25:43,720 Yeah, because it's rarely occurring. 412 00:25:43,720 --> 00:25:46,400 But it's still always an option. 413 00:25:46,400 --> 00:25:50,720 And maybe when people call and we talk about their situation, they decide that it's not 414 00:25:50,720 --> 00:25:53,160 the best option for their situation. 415 00:25:53,160 --> 00:26:00,840 So let's move on to state complaint, which is another one that could be paired with a 416 00:26:00,840 --> 00:26:02,280 whole bunch of other different things. 417 00:26:02,280 --> 00:26:04,440 So just because you're on its own. 418 00:26:04,440 --> 00:26:05,440 Exactly. 419 00:26:05,440 --> 00:26:09,880 But just because you're doing state complaint or you are filing a state complaint does not 420 00:26:09,880 --> 00:26:12,440 mean that you cannot also request facilitation. 421 00:26:12,440 --> 00:26:13,800 Right. 422 00:26:13,800 --> 00:26:18,920 To still try to build back what's happening. 423 00:26:18,920 --> 00:26:24,000 So a state you may be interested in pursuing a state complaint if one of the following 424 00:26:24,000 --> 00:26:31,120 applies to you, to your chat and IDA violation within one year. 425 00:26:31,120 --> 00:26:37,260 So there's some time some timelines here that's not related to a personnel. 426 00:26:37,260 --> 00:26:43,520 So this is an ethics complaint or, you know, let's say just as the first example that pops 427 00:26:43,520 --> 00:26:48,860 into my head, you had a teacher that did some form of corporal punishment, more an ethics 428 00:26:48,860 --> 00:26:49,860 complaint. 429 00:26:49,860 --> 00:26:54,680 Well, I could see where I'm strained to two different areas here. 430 00:26:54,680 --> 00:27:03,040 Maybe a teacher or a paraprofessional or someone who had contact with your student said something 431 00:27:03,040 --> 00:27:09,400 or that you know that might you might be offended by. 432 00:27:09,400 --> 00:27:17,680 So but we could be talking about a procedural IDA violation, but it's not something to do 433 00:27:17,680 --> 00:27:19,560 with one specific person. 434 00:27:19,560 --> 00:27:28,000 So this may look like Chad has been found eligible for an hour of speech language therapy 435 00:27:28,000 --> 00:27:30,220 and he has not been receiving it. 436 00:27:30,220 --> 00:27:31,900 And I have data to back that up. 437 00:27:31,900 --> 00:27:36,020 So we're not filing a complaint against the speech language pathologist or the special 438 00:27:36,020 --> 00:27:37,440 education teacher. 439 00:27:37,440 --> 00:27:42,040 We're filing a complaint because he did not receive his free and appropriate education 440 00:27:42,040 --> 00:27:44,920 as outlined in his eligibility. 441 00:27:44,920 --> 00:27:52,680 So these are happening 60 day investigations potentially resulting in a corrective action 442 00:27:52,680 --> 00:27:53,680 plan. 443 00:27:53,680 --> 00:27:59,000 I guess I really want to say the form the state complaint form is really easy to navigate. 444 00:27:59,000 --> 00:28:00,000 It is. 445 00:28:00,000 --> 00:28:02,280 I just had a family say this is it. 446 00:28:02,280 --> 00:28:03,280 Exactly. 447 00:28:03,280 --> 00:28:04,280 That's it. 448 00:28:04,280 --> 00:28:11,520 The point is self explanatory and it and there's a question that literally says what what resolution 449 00:28:11,520 --> 00:28:12,740 do you want? 450 00:28:12,740 --> 00:28:14,040 So what do you want that? 451 00:28:14,040 --> 00:28:17,000 And that's really sometimes that can be really hard for families. 452 00:28:17,000 --> 00:28:18,400 Like what do I want? 453 00:28:18,400 --> 00:28:21,640 Well, some families might say I want you to apologize. 454 00:28:21,640 --> 00:28:26,760 Some families might say I don't want my child to attend this school within this district 455 00:28:26,760 --> 00:28:28,040 anymore. 456 00:28:28,040 --> 00:28:30,360 It might be I want more training. 457 00:28:30,360 --> 00:28:31,360 Right. 458 00:28:31,360 --> 00:28:32,880 Or how about I want the services? 459 00:28:32,880 --> 00:28:33,880 Yeah, exactly. 460 00:28:33,880 --> 00:28:39,020 And this might be where compensatory education could come into play. 461 00:28:39,020 --> 00:28:43,700 So like we said before, mediation and facilitation remain available. 462 00:28:43,700 --> 00:28:49,800 But this process also has it doesn't require people working collaboratively to solve an 463 00:28:49,800 --> 00:28:51,040 issue. 464 00:28:51,040 --> 00:28:56,280 So this could be grandma who's filing a state complaint. 465 00:28:56,280 --> 00:28:57,320 Yeah. 466 00:28:57,320 --> 00:28:58,600 With any interested party. 467 00:28:58,600 --> 00:28:59,600 Yes. 468 00:28:59,600 --> 00:29:04,760 So a teacher or anybody who has maybe it's a paraprofessional who no longer works at 469 00:29:04,760 --> 00:29:07,000 that school anymore. 470 00:29:07,000 --> 00:29:11,820 So anybody can file a state complaint as long as the IDA violation in question has happened 471 00:29:11,820 --> 00:29:15,160 within the last 364 days. 472 00:29:15,160 --> 00:29:21,000 So before we hear we talk about a story, let's talk data again. 473 00:29:21,000 --> 00:29:30,560 So 2020, Idaho had a total of 30 state complaints filed with 24 reports issued and 21 of those 474 00:29:30,560 --> 00:29:34,520 reports had findings of noncompliance. 475 00:29:34,520 --> 00:29:40,920 So what I'm what I'm trying to say here is is that 30 were filed, but 24 of those state 476 00:29:40,920 --> 00:29:44,460 complaints that were filed reported issues. 477 00:29:44,460 --> 00:29:47,520 So maybe six of those could have been filed incorrectly. 478 00:29:47,520 --> 00:29:55,280 21 of those had had IDA violations and six were withdrawn or dismissed. 479 00:29:55,280 --> 00:30:04,040 And then 2021, 34 filed 29 findings of noncompliance and three were withdrawn or dismissed at some 480 00:30:04,040 --> 00:30:05,960 point during the process. 481 00:30:05,960 --> 00:30:06,960 Okay. 482 00:30:06,960 --> 00:30:10,880 So who has a story about Chad? 483 00:30:10,880 --> 00:30:22,640 Well, I was just thinking about I mean, instances where we feel worried or nervous or scared 484 00:30:22,640 --> 00:30:24,240 to file a state complaint. 485 00:30:24,240 --> 00:30:27,120 I mean, it's kind of kind of a big deal. 486 00:30:27,120 --> 00:30:31,080 We're going up against a bit against the man, right? 487 00:30:31,080 --> 00:30:36,000 It might feel like we might feel like we're going to get some backlash or have have that 488 00:30:36,000 --> 00:30:38,560 target on our back. 489 00:30:38,560 --> 00:30:45,220 So what what the data is telling me in that story is that there are some struggling school 490 00:30:45,220 --> 00:30:51,440 districts that might need some training and education on procedure and policy and how 491 00:30:51,440 --> 00:30:59,680 to use their own resources to serve the kids that are found eligible for special education 492 00:30:59,680 --> 00:31:01,600 and related services. 493 00:31:01,600 --> 00:31:06,040 And I will say so Apple Elementary is within Perry Winkle School District. 494 00:31:06,040 --> 00:31:14,400 So I have seen where several parents will call about one school district or one school 495 00:31:14,400 --> 00:31:18,840 and everyone's reporting the same series of problems. 496 00:31:18,840 --> 00:31:22,800 I guess I also want everyone out there to know that you don't have to just talk to 497 00:31:22,800 --> 00:31:23,800 I-Poll. 498 00:31:23,800 --> 00:31:28,900 You can also talk to dispute resolution at the State Department of Education. 499 00:31:28,900 --> 00:31:33,380 So before you make any kind of decisions about what you want to file or who and you want 500 00:31:33,380 --> 00:31:38,720 to really explore all of the resources we can give you all of the phone numbers to the 501 00:31:38,720 --> 00:31:42,160 State Department of Education and they have people there who will happily walk through. 502 00:31:42,160 --> 00:31:48,460 I think it's important to point out that Idaho and a lot of other states are operated under 503 00:31:48,460 --> 00:31:52,960 local control, which means the state isn't allowed to come in and tell our school districts 504 00:31:52,960 --> 00:31:54,880 what to do. 505 00:31:54,880 --> 00:31:59,380 But when we have a state complaint, or we have multiple state complaints, that's when 506 00:31:59,380 --> 00:32:06,080 we can pull in the resources that our State Department of Education has, where our smaller 507 00:32:06,080 --> 00:32:12,360 school districts and our smaller schools might not have the, I'll just say the financial 508 00:32:12,360 --> 00:32:18,520 resources to come in and provide all of these extra trainings and do all of these other 509 00:32:18,520 --> 00:32:24,600 things where if you have these complaints and we file them, then we can pull in the 510 00:32:24,600 --> 00:32:29,560 State Department of Ed where they can come in and do those trainings. 511 00:32:29,560 --> 00:32:31,760 And that's what they're there for. 512 00:32:31,760 --> 00:32:37,600 They're there to educate, train and provide resources to all of our schools. 513 00:32:37,600 --> 00:32:44,640 So they're for everyone and the continuing education for all parties involved. 514 00:32:44,640 --> 00:32:45,640 Yes. 515 00:32:45,640 --> 00:32:48,680 First, you're exactly right. 516 00:32:48,680 --> 00:32:54,120 And second, another thing that I think is an interesting piece to point out is that 517 00:32:54,120 --> 00:32:59,280 after you file a complaint, it doesn't mean that your voice kind of just disappears from 518 00:32:59,280 --> 00:33:00,800 the situation. 519 00:33:00,800 --> 00:33:08,180 So let's say you filed, it's being investigated and as a result of this, there's a corrective 520 00:33:08,180 --> 00:33:17,280 action plan and now Apple Elementary and Perry Winkle School District are creating a family 521 00:33:17,280 --> 00:33:18,280 voice. 522 00:33:18,280 --> 00:33:25,200 So they have like a family group that is a stakeholder and gets to be invited to the 523 00:33:25,200 --> 00:33:29,720 table throughout every step of the process in their corrective action plan. 524 00:33:29,720 --> 00:33:37,920 So it's not just you complain and then some wheels get set into action, motions are happening 525 00:33:37,920 --> 00:33:41,040 and then you're kind of removed from the process. 526 00:33:41,040 --> 00:33:44,840 The parents can still have the opportunity to still be very much involved. 527 00:33:44,840 --> 00:33:45,840 Yeah. 528 00:33:45,840 --> 00:33:47,360 And it's not secret. 529 00:33:47,360 --> 00:33:51,600 So many times I've helped families with state complaints and then they've called and said, 530 00:33:51,600 --> 00:33:52,920 thank you so much. 531 00:33:52,920 --> 00:33:59,540 This is X, Y, Z happened and this is how it is so much better and we are moving on and 532 00:33:59,540 --> 00:34:01,320 everybody is happy. 533 00:34:01,320 --> 00:34:08,400 So state complaints and I think what you kind of were alluding to is that if a problem is 534 00:34:08,400 --> 00:34:13,800 bigger and the state gets in there or more parents kind of get on board, we could potentially 535 00:34:13,800 --> 00:34:20,280 have some state systemic complaints and we have seen those in certain districts when 536 00:34:20,280 --> 00:34:26,640 we've had multiple problems within the same school or the same related service or what 537 00:34:26,640 --> 00:34:30,680 have you and then the State Department of Ed has been able to go in there, provide like 538 00:34:30,680 --> 00:34:36,080 Sarah said, training, education, the supports and resources to get that district back on 539 00:34:36,080 --> 00:34:38,800 track for the families in their district. 540 00:34:38,800 --> 00:34:47,800 We've heard from our State Department as well encouraging if families feel that there is 541 00:34:47,800 --> 00:34:54,920 a legitimate IDEA complainable issue to file those state complaints. 542 00:34:54,920 --> 00:34:59,760 They can't do anything about it if they don't know anything is that things are not working. 543 00:34:59,760 --> 00:35:00,760 Exactly. 544 00:35:00,760 --> 00:35:03,360 I'm sorry, did you just say? 545 00:35:03,360 --> 00:35:06,360 If you didn't put it in writing, it didn't happen. 546 00:35:06,360 --> 00:35:07,360 Right. 547 00:35:07,360 --> 00:35:10,080 And it needs to be documented, right? 548 00:35:10,080 --> 00:35:11,080 Absolutely. 549 00:35:11,080 --> 00:35:12,080 Yeah. 550 00:35:12,080 --> 00:35:17,200 I guess also I will say that state complaints very common. 551 00:35:17,200 --> 00:35:21,840 I hear families say, I don't want this to happen to another student. 552 00:35:21,840 --> 00:35:26,200 Therefore I would really like to yes, this is, you know, we've gone to facilitation and 553 00:35:26,200 --> 00:35:28,000 we've made it better for my student. 554 00:35:28,000 --> 00:35:33,680 But by writing a state complaint, it provides those resources and trainings almost for the 555 00:35:33,680 --> 00:35:37,960 district so that it doesn't happen to additional students in some cases. 556 00:35:37,960 --> 00:35:41,640 I'm just saying that is something commonly that we hear from families. 557 00:35:41,640 --> 00:35:43,740 I don't want this to happen again. 558 00:35:43,740 --> 00:35:45,160 So lots of different reasons. 559 00:35:45,160 --> 00:35:46,160 Yeah, sure. 560 00:35:46,160 --> 00:35:52,200 It could be, you know, any IDEA violation, whether that's adaptations, accommodations, 561 00:35:52,200 --> 00:35:55,020 related services, that could be busing. 562 00:35:55,020 --> 00:35:57,800 It could be, we've seen it be a lot of different things. 563 00:35:57,800 --> 00:36:01,940 You can't adjust that caveat is that it cannot be, it's not personnel. 564 00:36:01,940 --> 00:36:06,720 You cannot say that I don't like this principle and she was mean to my student at, you know, 565 00:36:06,720 --> 00:36:07,720 Apple Elementary. 566 00:36:07,720 --> 00:36:09,560 That is a personnel issue. 567 00:36:09,560 --> 00:36:10,960 That's not an IDEA issue. 568 00:36:10,960 --> 00:36:15,060 So very commonly that's the call that we will kind of field. 569 00:36:15,060 --> 00:36:16,360 That's a whole nother podcast. 570 00:36:16,360 --> 00:36:21,560 Yeah, but then I also want to point out that if you get that call, you're never just going 571 00:36:21,560 --> 00:36:23,760 to say, well, no, this doesn't fit. 572 00:36:23,760 --> 00:36:24,760 You know, goodbye. 573 00:36:24,760 --> 00:36:25,760 Have a great day. 574 00:36:25,760 --> 00:36:26,760 Click. 575 00:36:26,760 --> 00:36:27,760 Oh, you don't know. 576 00:36:27,760 --> 00:36:28,760 I don't. 577 00:36:28,760 --> 00:36:29,760 I promise. 578 00:36:29,760 --> 00:36:34,760 Yeah, here are some other options that might better fit your situations. 579 00:36:34,760 --> 00:36:37,120 Let's everyone feel good about a state complaint. 580 00:36:37,120 --> 00:36:41,440 Okay, we'll move on to due process. 581 00:36:41,440 --> 00:36:47,920 So this is something that again, kind of like mediation, I don't really ever, I'm not getting 582 00:36:47,920 --> 00:36:50,960 any questions about hardly ever. 583 00:36:50,960 --> 00:36:53,160 But let's let's talk about it briefly. 584 00:36:53,160 --> 00:36:57,640 It's where the decision is being made by a hearing officer, an administrative law judge 585 00:36:57,640 --> 00:37:01,400 that is not involved with the child's education. 586 00:37:01,400 --> 00:37:08,840 This could be filed within two years of when parties knew of the situation in question. 587 00:37:08,840 --> 00:37:15,520 This is something that is absolutely at cost to the parents instead of being free, non 588 00:37:15,520 --> 00:37:16,600 cost service. 589 00:37:16,600 --> 00:37:23,440 Parties are paying for expenses, attorney fees, and neither the IDEA nor state law provides 590 00:37:23,440 --> 00:37:27,480 authority for a hearing officer to award attorney's fees. 591 00:37:27,480 --> 00:37:32,200 And I'm saying that because that's something that I read sometimes in these hearings, you 592 00:37:32,200 --> 00:37:35,960 know, and these are hearings that are also outside the state of Idaho when I was researching 593 00:37:35,960 --> 00:37:36,960 this. 594 00:37:36,960 --> 00:37:41,520 And I was looking through, let's say our neighbors, California, our neighbors, Montana, Oregon, 595 00:37:41,520 --> 00:37:45,600 sometimes people are listing out their grievances. 596 00:37:45,600 --> 00:37:49,820 And then they're saying, well, I would also like the school district to pay for my attorney's 597 00:37:49,820 --> 00:37:53,640 fees and there's nothing in IDEA law. 598 00:37:53,640 --> 00:37:55,560 IDEA, the social math. 599 00:37:55,560 --> 00:37:56,560 Exactly. 600 00:37:56,560 --> 00:37:57,560 I'm throwing that out there. 601 00:37:57,560 --> 00:38:01,440 So this is definitely a more involved process. 602 00:38:01,440 --> 00:38:03,520 We're gathering witnesses. 603 00:38:03,520 --> 00:38:05,000 We're getting evidence. 604 00:38:05,000 --> 00:38:08,680 We're taking time out of out of the school's resources. 605 00:38:08,680 --> 00:38:15,560 We're out of our own resources, out of time away from providing services to our students 606 00:38:15,560 --> 00:38:21,280 when we're when we're involving all, you know, there is a time and a place. 607 00:38:21,280 --> 00:38:23,280 Don't get us wrong. 608 00:38:23,280 --> 00:38:30,280 But we hear often in our office some calls that we don't we want to skip facilitation. 609 00:38:30,280 --> 00:38:31,700 We want to skip the phone call. 610 00:38:31,700 --> 00:38:35,320 We want to go straight to show me the lawyer. 611 00:38:35,320 --> 00:38:37,760 And like you said, there's a time and a place for everything. 612 00:38:37,760 --> 00:38:43,640 But sometimes families don't realize all of the spectrum of other options that are available 613 00:38:43,640 --> 00:38:46,520 to them first. 614 00:38:46,520 --> 00:38:50,160 And I will say that this is how Idaho has always done things. 615 00:38:50,160 --> 00:38:55,560 Families coming from outside of Idaho, their state potentially did things differently. 616 00:38:55,560 --> 00:38:57,680 And we we do see that. 617 00:38:57,680 --> 00:39:03,140 So it's our job as the parent center to really provide these dispute resolution options. 618 00:39:03,140 --> 00:39:06,680 But yeah, there is sometimes a time and a place for due process. 619 00:39:06,680 --> 00:39:09,040 But it is it is costly. 620 00:39:09,040 --> 00:39:11,000 The school district is going to bring their attorneys. 621 00:39:11,000 --> 00:39:14,680 So you better bring yours and be prepared for that. 622 00:39:14,680 --> 00:39:17,680 And just the emotional drain. 623 00:39:17,680 --> 00:39:23,400 And well, and the timelines are different, too, because then you can also have an extended 624 00:39:23,400 --> 00:39:27,080 timeline added to that due process timeline. 625 00:39:27,080 --> 00:39:32,080 So instead of you know, we're talking maybe two or three facilitated IEP meetings that 626 00:39:32,080 --> 00:39:36,280 might be over a year of things happening. 627 00:39:36,280 --> 00:39:41,520 And again, you know, this is where stay put or pendency would be put in for the child's 628 00:39:41,520 --> 00:39:42,820 IEP. 629 00:39:42,820 --> 00:39:48,480 So it would revert back to the IEP before any of the changes that were disputing. 630 00:39:48,480 --> 00:39:51,760 But still, we're talking about a long drawn out process. 631 00:39:51,760 --> 00:39:53,800 So let's talk about some data. 632 00:39:53,800 --> 00:40:01,400 School year 2020 to 2021, there were seven filed in Idaho, 70 process. 633 00:40:01,400 --> 00:40:04,400 Three of those went all the way to a hearing. 634 00:40:04,400 --> 00:40:07,100 Four were withdrawn or dismissed. 635 00:40:07,100 --> 00:40:10,620 And that includes being resolved without a hearing. 636 00:40:10,620 --> 00:40:15,360 So dismissed or withdrawn also includes being resolved without going to a hearing. 637 00:40:15,360 --> 00:40:19,440 So maybe you move back to mediation or you went with a state complaint or what have you. 638 00:40:19,440 --> 00:40:27,240 And in 2021, four were filed, one in the state of Idaho, four for 2021, 2022. 639 00:40:27,240 --> 00:40:32,940 One is still pending, but the other three were withdrawn or dismissed. 640 00:40:32,940 --> 00:40:37,080 And I just wanted to add that again, that spreadsheet that you'll be able to have access 641 00:40:37,080 --> 00:40:43,080 to in the description includes data from 2016 on. 642 00:40:43,080 --> 00:40:50,680 And so if you look at the average from 2016 to now, it's four a year, essentially four, 643 00:40:50,680 --> 00:40:54,160 four and a half that are filed every year. 644 00:40:54,160 --> 00:40:59,360 And if you were to look at some of our neighbors, which I will link some of that information 645 00:40:59,360 --> 00:41:06,500 below, they are not tracking this by year, they're tracking it by quarter because they 646 00:41:06,500 --> 00:41:13,780 have so many and it can look like over three or 400 a year. 647 00:41:13,780 --> 00:41:17,540 So and again, they're tracking, they're tracking sheets do look a little different. 648 00:41:17,540 --> 00:41:23,180 So it might be they're doing due process with mediation or just due process that goes straight 649 00:41:23,180 --> 00:41:24,600 to a hearing. 650 00:41:24,600 --> 00:41:30,440 And they also track if it was filed by the school or if it was filed by the guardians 651 00:41:30,440 --> 00:41:33,420 or the parents like Sandra and David. 652 00:41:33,420 --> 00:41:36,060 So theirs looks a little bit different. 653 00:41:36,060 --> 00:41:39,220 So let's talk about expedited due process. 654 00:41:39,220 --> 00:41:43,500 And again, expedited is is just saying faster. 655 00:41:43,500 --> 00:41:45,380 So the timelines are quicker. 656 00:41:45,380 --> 00:41:51,000 So this is where it's relating to a student's placement and discipline. 657 00:41:51,000 --> 00:41:55,820 So we're using expedited due process when parents disagree with the school district's 658 00:41:55,820 --> 00:42:04,740 discipline related decision that affects Chad's placement and whether Chad's behavior was 659 00:42:04,740 --> 00:42:07,900 related to his disability. 660 00:42:07,900 --> 00:42:11,880 So school district may use this process if they believe that a child's behavior could 661 00:42:11,880 --> 00:42:14,840 be dangerous to the child or others. 662 00:42:14,840 --> 00:42:17,980 And then here comes a whole bunch of numbers and timelines. 663 00:42:17,980 --> 00:42:23,140 But resolution meeting is occurring within seven calendar days, unless both parties agree 664 00:42:23,140 --> 00:42:26,280 in writing not to have that meeting or here we go. 665 00:42:26,280 --> 00:42:28,620 They're using mediation instead. 666 00:42:28,620 --> 00:42:33,380 The hearing timeline proceeds if the issue is not resolved within 15 calendar days, the 667 00:42:33,380 --> 00:42:37,980 hearing must be held within 20 and the decision must then be issued within 10 days of the 668 00:42:37,980 --> 00:42:38,980 hearing. 669 00:42:38,980 --> 00:42:46,420 So because it is expedited and the process is sped up, there's a lot more guidelines 670 00:42:46,420 --> 00:42:51,000 and numbers and timelines that everyone in the process is following. 671 00:42:51,000 --> 00:42:56,500 But the rest of it is going to follow what due process looks like. 672 00:42:56,500 --> 00:42:57,500 Correct. 673 00:42:57,500 --> 00:42:58,500 Yeah. 674 00:42:58,500 --> 00:43:05,380 So how might, why might Chad's family file expedited due process? 675 00:43:05,380 --> 00:43:07,420 Maybe Chad was expelled from school. 676 00:43:07,420 --> 00:43:11,840 Maybe Chad was expelled for school for a disciplinary measure. 677 00:43:11,840 --> 00:43:17,180 Maybe Chad, um, let's say Chad in a major disciplinary. 678 00:43:17,180 --> 00:43:18,180 Yes. 679 00:43:18,180 --> 00:43:19,180 Yeah. 680 00:43:19,180 --> 00:43:20,180 Chad brought drugs. 681 00:43:20,180 --> 00:43:21,460 Chad brought drugs to school. 682 00:43:21,460 --> 00:43:22,460 Okay. 683 00:43:22,460 --> 00:43:25,700 So if Chad is bringing drugs to school, it's kind of one of those things. 684 00:43:25,700 --> 00:43:28,380 Drugs are weapons, it's automatic. 685 00:43:28,380 --> 00:43:32,820 The student, I don't want to say automatic, the rules are the same regardless. 686 00:43:32,820 --> 00:43:33,820 Exactly. 687 00:43:33,820 --> 00:43:38,780 They're for all students in the case of Chad, because he's a student on an IEP, we need 688 00:43:38,780 --> 00:43:45,860 to have a manifestation determination to determine if this was a manifestation of his disability. 689 00:43:45,860 --> 00:43:49,220 If it was then okay, that goes one way. 690 00:43:49,220 --> 00:43:51,020 Even if it wasn't, it goes another way. 691 00:43:51,020 --> 00:43:55,880 If Chad is a student on an IEP, it doesn't matter, he still has to be supported with 692 00:43:55,880 --> 00:43:57,340 an education. 693 00:43:57,340 --> 00:44:03,060 They could just place him in an alternate education setting, an alternate educational 694 00:44:03,060 --> 00:44:04,060 setting. 695 00:44:04,060 --> 00:44:08,860 So that means that Chad brought something, Chad brought a weapon or drugs and he cannot 696 00:44:08,860 --> 00:44:09,860 go back to school. 697 00:44:09,860 --> 00:44:12,620 Perry Winkle school district is saying no way. 698 00:44:12,620 --> 00:44:18,620 Sorry, but we have to provide you with your education. 699 00:44:18,620 --> 00:44:21,740 We want to do that at home. 700 00:44:21,740 --> 00:44:24,220 And family says no way. 701 00:44:24,220 --> 00:44:30,420 We are, we are disputing that we're disputing the disciplinary decision or the placement 702 00:44:30,420 --> 00:44:31,980 decision or both. 703 00:44:31,980 --> 00:44:34,460 And that's where expedited due process comes in. 704 00:44:34,460 --> 00:44:43,340 Maybe they are, they are saying we would rather have Chad educated in a setting like a library 705 00:44:43,340 --> 00:44:49,240 or the district office somewhere other than the home setting. 706 00:44:49,240 --> 00:44:56,380 So expedited due process is that it's really disputing placement and discipline. 707 00:44:56,380 --> 00:45:03,700 And then a quick turnaround, we have to maintain that forward movement of education because 708 00:45:03,700 --> 00:45:05,980 this isn't something that's going to last a year. 709 00:45:05,980 --> 00:45:10,540 No, because maybe in the other due process situation, when you've got that stay put 710 00:45:10,540 --> 00:45:15,260 and pendency, you're still getting educated, you're following the IEP that you had previously. 711 00:45:15,260 --> 00:45:19,740 You're not getting educated is not an issue, but an expedited due process, it potentially 712 00:45:19,740 --> 00:45:20,740 is. 713 00:45:20,740 --> 00:45:21,740 Absolutely. 714 00:45:21,740 --> 00:45:22,740 Yeah. 715 00:45:22,740 --> 00:45:25,060 So the students that are in a due process or something, if there's a stay put, they 716 00:45:25,060 --> 00:45:31,380 are still going to school every day, receiving their education, might not have any idea that 717 00:45:31,380 --> 00:45:33,060 this is all going behind the scenes. 718 00:45:33,060 --> 00:45:38,140 A student like Chad, who has been expelled for a disciplinary measure, potentially is 719 00:45:38,140 --> 00:45:41,700 going without school for that 10 days. 720 00:45:41,700 --> 00:45:47,540 And then that 45 days is that timeline where we still owe, Perry Winkle School District 721 00:45:47,540 --> 00:45:51,860 still owes him an education, but where? 722 00:45:51,860 --> 00:45:55,780 Because of those related services that are indicated in his IEP. 723 00:45:55,780 --> 00:45:56,780 Exactly. 724 00:45:56,780 --> 00:46:01,460 So that's why it has to be fast because yes, this is now a student who potentially is not 725 00:46:01,460 --> 00:46:04,580 getting this free and appropriate education. 726 00:46:04,580 --> 00:46:06,940 Which then could be an IDEA violation. 727 00:46:06,940 --> 00:46:13,220 So we're trying to navigate all the systems while also keeping everybody safe and making 728 00:46:13,220 --> 00:46:14,900 sure everybody's supported. 729 00:46:14,900 --> 00:46:15,900 100%. 730 00:46:15,900 --> 00:46:23,460 So some data on this 2020, none, none were filed expedited due process. 731 00:46:23,460 --> 00:46:30,820 And in 2021, so that's 2021 to 2022 school year, one was filed and it was either withdrawn 732 00:46:30,820 --> 00:46:31,820 or dismissed. 733 00:46:31,820 --> 00:46:37,180 That was a lot of information on all of the different steps and linked in the description 734 00:46:37,180 --> 00:46:42,460 will be a padlet where you can go through everything piece by piece if you would like, 735 00:46:42,460 --> 00:46:44,540 or if you want to know more information about it. 736 00:46:44,540 --> 00:46:50,420 But instead of just ending on kind of a heavier note, I would like to brainstorm. 737 00:46:50,420 --> 00:46:55,780 And we talk about this in webinars, we talk about this in trainings, prevention is key, 738 00:46:55,780 --> 00:46:56,780 right? 739 00:46:56,780 --> 00:47:05,020 And there's some that we can implement some tactics, strategies to not get this far. 740 00:47:05,020 --> 00:47:06,980 Into the dispute resolution weeds. 741 00:47:06,980 --> 00:47:08,480 Yeah, exactly. 742 00:47:08,480 --> 00:47:13,700 So I'm thinking of and again, you will have a link to this, but Cadre's A Tale of Two 743 00:47:13,700 --> 00:47:15,180 Stories. 744 00:47:15,180 --> 00:47:22,680 It's their videos on what a meeting can look like without effective communication and what 745 00:47:22,680 --> 00:47:29,020 it could look like with effective communication and really, you know, like listening for understanding 746 00:47:29,020 --> 00:47:33,980 instead of listening to talk, remembering why we're here. 747 00:47:33,980 --> 00:47:39,100 I think a lot of things that I've heard everyone in this room say to educators is, you know, 748 00:47:39,100 --> 00:47:45,300 this might be just another task you check off in your day, but this parent may have 749 00:47:45,300 --> 00:47:48,560 been on the phone with Medicaid for two hours before this. 750 00:47:48,560 --> 00:47:51,820 So they're already like really tightly wound. 751 00:47:51,820 --> 00:47:55,740 They don't have any frustration threshold. 752 00:47:55,740 --> 00:47:58,120 And again, the same can be said for the teachers, right? 753 00:47:58,120 --> 00:48:00,860 Maybe the teachers have had a really hard day. 754 00:48:00,860 --> 00:48:07,500 And that's really where that open, honest communication comes in and that you trust 755 00:48:07,500 --> 00:48:15,580 that your team is really doing what is right for Chad and right by Chad. 756 00:48:15,580 --> 00:48:21,760 And maybe that can also look like really requesting to see the data or asking that data be 757 00:48:21,760 --> 00:48:28,020 reported on more often or there's all kinds of different strategies that you can use to 758 00:48:28,020 --> 00:48:32,100 build up the relationship versus having to build it back. 759 00:48:32,100 --> 00:48:33,100 Yeah. 760 00:48:33,100 --> 00:48:39,940 I mean, one of my favorite things is just to ask for rather than just the bad, I want 761 00:48:39,940 --> 00:48:41,700 to get good reports too. 762 00:48:41,700 --> 00:48:44,920 So hey, can you send me some pictures when we're having a great day rather than just 763 00:48:44,920 --> 00:48:45,920 when there's problems? 764 00:48:45,920 --> 00:48:51,060 And I like to be really reciprocal of that as well, because I know that what my students, 765 00:48:51,060 --> 00:48:55,380 teachers are doing in the school setting are affecting him at home. 766 00:48:55,380 --> 00:48:59,300 So when we have a really positive, something really positive happens, I like to share that 767 00:48:59,300 --> 00:49:03,620 with them just so that we are communicating positive and negative back and forth. 768 00:49:03,620 --> 00:49:07,420 So it doesn't seem like the only time I'm ever coming at them is with the negative. 769 00:49:07,420 --> 00:49:10,140 I really like to foundationally set that up. 770 00:49:10,140 --> 00:49:16,940 That helps build those relationships and those ongoing open relation, communicative relationships. 771 00:49:16,940 --> 00:49:25,900 I've seen great things come out of state complaints, relationships built out of facilitation and 772 00:49:25,900 --> 00:49:27,920 wonderful things happen. 773 00:49:27,920 --> 00:49:32,380 Schools are putting together or school districts are putting together family advisory councils 774 00:49:32,380 --> 00:49:35,860 as some as corrective action plans. 775 00:49:35,860 --> 00:49:41,700 But then I've really turned that into building a better community for for all of their students. 776 00:49:41,700 --> 00:49:47,580 I think I would just say it's not us versus them, we're a team for Chad. 777 00:49:47,580 --> 00:49:52,380 Everyone has the same end goal is how do we support this student? 778 00:49:52,380 --> 00:49:54,580 Yep, make Chad at the middle. 779 00:49:54,580 --> 00:49:55,580 That's just it. 780 00:49:55,580 --> 00:49:58,300 Chad, I just imagine Chad sitting in the middle on the table. 781 00:49:58,300 --> 00:49:59,300 Yeah, he should. 782 00:49:59,300 --> 00:50:00,820 It could be a picture of Chad sitting. 783 00:50:00,820 --> 00:50:01,820 Could be. 784 00:50:01,820 --> 00:50:04,140 Criss cross applesauce in the middle of the table. 785 00:50:04,140 --> 00:50:05,140 There we go. 786 00:50:05,140 --> 00:50:12,380 Thanks for coming, Chad. 787 00:50:12,380 --> 00:50:15,340 And thank you everyone for listening in. 788 00:50:15,340 --> 00:50:22,060 If you are in Idaho or are planning on moving to Idaho and have any questions on systems 789 00:50:22,060 --> 00:50:29,220 or services for children with disabilities, please reach out to us on our website at ipulidaho.org. 790 00:50:29,220 --> 00:50:33,120 That's I P U L Idaho dot org. 791 00:50:33,120 --> 00:50:34,260 Thanks for listening in. 792 00:50:34,260 --> 00:50:39,980 Until next time, this is Allison with Sarah and Melissa on Unlimited Parenting. 793 00:50:39,980 --> 00:51:05,180 Thanks for listening.