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Universally Designing Systems of Support Learning Series | 2022-23

Accessibility Series - Fall

IEP Process Series - Winter

Alternative Dispute Resolution - Spring

https://tinyurl.com/ADR3623

© 2023 CAST | Until learning has no limits

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Alternative Dispute Resolution:

Options for Resolving Conflicts During the IEP Process

Spring Series: March 6 | March 13 |@ 3:30 - 4:30 PST

© 2023 CAST | Until learning has no limits

Universally Designing Systems of Support Learning Series

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Universally Designing Systems of Support�Learning Series - Mondays @ 3:30

Fall Series

Accessibility - From Assessment to Instruction

  • September 12
  • September 19
  • October 3

Spring Series

Alternative Dispute Resolution

  • March 6
  • March 13

Winter Series

Individualized Education Plans

  • January 23
  • February 6
  • February 15

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CAST’s West Coast PL Team

Sylvia Rodriguez Douglass

srodriguezdouglass@cast.orgThe Far North Literacy Development Consortium

Elisa Torres-Barton

etorres-barton@cast.org

Fresno COE

Shamryn Coyle

scoyle@cast.orgCCIL Director

Katie Wyatt

kwyatt@cast.org

Santa Clara COE

Elise Yerkey

eyerkey@cast.org

LACOE

Becky Canham

bcanham@cast.org

Placer COE

@CAST_UDL | #CASTPL

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Today’s Goal

Participants will understand how Alternative Dispute Resolution (ADR) can help during the IEP process to

  • Resolve conflicts informally and collaboratively
  • Build relationships and communication
  • Avoid legal, emotional, financial, and time-based costs to parties
  • Find solutions outside of litigation

(Methany, 2018)

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Conflict is inevitable. Combat is optional.

Max Lucado

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Connect in Chat

What approaches do you use to handle disagreements with or between other people?

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Your Learning Environment

Documents that may be used to support your learning today

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What is Alternative Dispute Resolution?

ADR is an informal method of settling disagreements using techniques to promote understanding, open communication, and arrive at satisfying solutions to conflicts. ADR is designed to strengthen relationships and meet the interests of all parties involved to reach a mutually agreeable outcome, rather than having a decision made by a third party such as a hearing officer or judge.

SELPA Administrators of California

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ADR for Special Education

  • The Individuals with Disabilities Education Act (IDEA) calls out procedures for mediation and dispute resolution
  • The California Department of Education has provided significant funding for ADR as a proactive way of avoiding “Due Process”
  • The need for ADR was amplified during the pandemic due to issues of service delivery, progress, and learning loss
  • The cost of litigation is not just financial–costs include emotional costs, the burden on public education, and inequity of use

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IDEA can be reauthorized to include mandates for training staff, communicating effectively, and using ADR activities prior to using due process hearings. The alternative is to continue with a due process system that gives clear advantage to the privileged while costing public education greatly in terms of fiscal and emotional collateral. (Metheny, 2018)

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SELPA Partnership with Pepperdine

Special Education Local Plan Area

Training for administrators and other professionals:

  • conflict resolution processes
  • mediation techniques

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The ADR Continuum

Keeping negotiations in the hands of parties rather than going to arbitration or litigation, retains the control and agency over the outcome and process.

-Straus Institute, Pepperdine University

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ADR Mediator

  • A neutral third party who
    • Moves toward resolution by facilitating communication
    • Uses integrative bargaining
      • Focuses on Interests (not positions)
      • Develops Options (mutual gain)
      • Uses Creative Thinking
      • Helps Parties Evaluate Solutions

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From Dispute to Due Process

In the special education realm, the need for dispute resolution can be prevented in the early stages of developing an IEP.

In what ways have these assistance and intervention options helped or hindered you in your role or within the system you work?

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Additional Resources

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Thank you so much for sharing your time with us!

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Next Time

Alternative Dispute Resolution Panel Discussion

Register here

March 13, 2023

3:30 - 4:30 pm PST

QR Code for Registration

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Feedback is a gift

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CAST

Website: ccil.cast.org

Professional Learning: castpl.org

Books & Media: castpublishing.org

Email: cast@cast.org

Phone: 781-245-2212

CAST �50 Salem Street

Building B, Suite 303

Lynnfield, MA 01940-0030

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