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��OFFICE FOR DISPUTE RESOLUTION

Intermediate Unit 1

May 26, 2022

Brian Ford, Esquire

Charles Jelley, Esquire

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OVERVIEW

ODR Initiatives

ODR Statistics

Due Process Two Years Post Covid

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OSEP (and ODR) Philosophy

Due process hearings provide the parties with an opportunity to have an impartial decision-maker resolve the issues in dispute. While due process hearings are an important protection, they can be costly if parties choose to involve attorneys in the process, time consuming, and contentious, and can damage relationships between families and educators. Therefore, [OSEP]believes every effort should be made by the parties to resolve disputes as early as possible and without a due process hearing.

July 30, 2008 Federal Register (emphasis added)

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ODR Initiatives & Highlights

Attorneys at mediation (March 2021)
Evaluative mediation (February 2022)
Targeted IEP Fac/effective team meeting training (February 2022)
CORA Good Shepherd conflict resolution training (February 2022)
Longitudinal analysis/issues identification (ongoing)

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From Pennsylvania Department of Education

Special Education Data Report – School Year 2020-21

Enrollment (School Age) Source: December 1, 2020 Child Count
State Total Enrollment* 1,698,870
Total Special Ed Enrollment 307,594
Percent of Special Education 18.1%
Percent of Special Education Enrollment by Disability
Autism 12.1%
Deaf-Blindness 0.0%
Hearing Impairment Including Deafness 8.5%
Intellectual Disability (Mental Retardation) 0.9%
Multiple Disabilities 6.2%
Orthopedic Impairment 0.2%
Other Health Impairment 17.4%
Specific Learning Disability 39.2%
Speech or Language Impairment 14.1%
Traumatic Brain Injury 0.2%
Visual Impairment Including Blindness 0.3%

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From Pennsylvania Department of Education

Percentage of School-Age Students Receiving Special Education Services

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ODR Year-to-Date Statistics: A 3-Year Retrospective

Service Requested	Date Range	Statewide	IU 1 Total	SDOP Total	IU 26 Total
Due Process	7/1/2021-4/30/2022	895	5	253	298
	7/1/2020-4/30/2021	694	7	171	217
	7/1/2019-4/30/2020	851	8	208	277
Mediation	7/1/2021-4/30/2022	344	1	34	58
	7/1/2020-4/30/2021	240	1	16	29
	7/1/2019-4/30/2020	310	8	20	51
IEP Facilitation	7/1/2021-4/30/2022	52	1	2	7
	7/1/2020-4/30/2021	52	1	0	4
	7/1/2019-4/30/2020	68	1	3	6
Resolution Meeting Facilitation	7/1/2021-4/30/2022	7	0	0	0
	7/1/2020-4/30/2021	1	0	0	0
	7/1/2019-4/30/2020	7	0	0	0

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Intermediate Unit 1�ODR Statistics: A 2-Year Retrospective

Service Requested	Fiscal Year	Statewide	IU 1
Due Process	2019-2020	998	9
Due Process	2020-2021	851	11
Mediation	2019-2020	367	8
Mediation	2020-2021	326	2
IEP Facilitation	2019-2020	79	1
IEP Facilitation	2020-2021	69	1
Resolution Meeting Facilitation	2019-2020	7	0
Resolution Meeting Facilitation	2020-2021	1	0

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Intermediate Unit 1�ODR Due Process Breakdown

Fiscal Year	Outcome
2019-2020	Due Process Agreement Reached (6)
	HO Decision (1)
	Dismissed by HO (1)
	Withdrawn (1)
2020-2021	Due Process Agreement Reached (7)
	Resolution Period Agreement (3)
	Withdrawn (8)

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Intermediate Unit 1�ODR Mediation & IEP Facilitation Breakdown

Service	Fiscal Year	Outcome
Mediation	2019-2020	Mediation Agreement (2)
		Held but No Agreement (2)
		Settlement (1)
		Withdrawn (3)
	2020-2021	Held but No Agreement (1)
	2020-2021	Settlement (1)
IEP Facilitation	2019-2020	Held but No IEP Written (1)
IEP Facilitation	2020-2021	IEP Written (1)

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�COVID-19 and Due Process: Two Years Later�

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2021-2022 RETURN TO IN-PERSON HEARINGS

In June 2021, ODR began to offer in person due process hearings again. Virtual hearings remained available.

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Due Process Requests by Age/Category, Total Requests, and Number of Requests by Pro Se Parents

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Pennsylvania Map �of Due Process Requests �by Intermediate Unit

No Requests*
1-10
11-20^
21-30**
31-50(+)
51+ (1!)

FY 20-21

FY 19-20

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3-5 Year Old Children
Issues	Occurrence in Due Process
Compensatory Education	13
IEP	9
Related Services	8
School Age
Issues	Occurrence in Due Process
Compensatory Education	450
IEP	358
Evaluation	180
Gifted
Issues	Occurrence in Due Process
GIEP	3
Eligibility	2
Student Records	2
Section 504 Only
Issues	Occurrence in Due Process
Compensatory Education	2
Service Agreement	1
ADA/Section 504	1

TOP 3 ISSUES BY AGE

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Decision Results by Age Group and Category on FY 20-21 Requests
2020-2021 Age Group and Category	Number
Birth – 3, 3-5, and Section 504	0

School Age
Parent Prevailed	13
LEA Prevailed	14
Parent Prevailed in part and LEA Prevailed in Part	4

Gifted
Prevailed	0
LEA Prevailed	1
Parent Prevailed in Part; LEA Prevailed in Part	1

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Pro Se Parent Decision Outcomes on FY 20-21 Requests
Decision Outcome	Number
Hearing Officer Supported Parent	1
Hearing Officer Supported LEA	8
Hearing Officer Supported both Parent and LEA in part	2

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Appealed Cases To Each Court 2020-2021
Court	Number of Cases
Eastern District	14
Middle District	5
Western District	1
Commonwealth	1

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Disclaimer

The information shared in this session is not intended to serve as, nor should it replace, legal advice. Opinions expressed by today’s presenters are not represented to be an official or unofficial interpretation of legal guidance from the Pennsylvania Department of Education or the Office for Dispute Resolution as stated in federal or state statutes, regulations, departmental, local policies, practices, guidance, and unique fact-patterns of a particular case. The services of a duly-licensed attorney should be sought in responding to individual fact-specific situations you encounter.