Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
“If we do what we have always done, we will
keep getting the same results we have
always gotten - results that may keep us
mired in the same old patterns.”
-- Hocker and Wilmot
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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The parent/district satisfaction survey results
related to the special education complaints
process reveal a continued mistrust in the
“system.”
The majority of special education complaints
stem from what happens in the ARDC
meeting.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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People view relationships based on:
An account of the past of the relationship
A view of the current state of the relationship
A projected view of the future of the relationship
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011

Right now, take about 30 seconds to think of a
conflict you have had or are having with a
school district or with a parent.
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What happened?
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What was said?
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How was it resolved?
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How did you feel during that time?
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
 What
is a position?
A position is what you want. It’s concrete, tangible,
and can be visualized.
 What
is an interest?
An interest is the underlying reason why you want
it.
 Example:
Orange
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
Interests and positions must be based on
informal and formal evaluation information.
 Example:

student and police officer
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
Break into a group of three or four people.
 As a group, complete the worksheet located
at the end of this booklet.
 You have five minutes for the activity.
 We will review the answers at the end of the
five minutes.

Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
 Separate
 Focus
the people from the problem.
on interests, not positions.
 Generate
a variety of possibilities before
deciding what to do.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
Solutions go unrecognized if you don’t know
what you want.
 Clear ideas that fully express one’s interests
and positions can be shared most easily.
 Clear ideas can be altered more easily than
vague ones.
 Clear ideas are communicated more easily than
unclear ones.
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TIP: Develop an agenda of ideas that you want to
address, and share it with the other party before the
ARDC meeting.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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Parent-District Conference
ARDC Meeting
Recess ARDC Meeting
Disagreement ARDC Meeting
The Special Education Director
The Superintendent
Facilitated ARDC Meeting
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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The state recommends a facilitation model for all ARDC
meetings as a process to achieve agreement on services
aligned with the unique needs of a student with
disabilities.
The
principles
of
the
facilitation
model include meeting guidelines that will ensure that
neutral and meaningful discussions occur in the interest of
meeting all of the student’s needs.
There may be times when an individual may be designated
the task of facilitating the ARDC meeting. This individual’s
responsibility will not include participation in substantive
discussion, but will instead be to ensure all required areas
are discussed and concerns are expressed and discussed
with due consideration and respect. This process will
ensure the meeting progresses toward agreement on all
required components.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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Facilitation has become a dependable strategy for
addressing difficult conversations in ARDC meetings.
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This meeting model can assist in repairing and in
building relationships among stakeholders.
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Statewide data shows that FIEP is very successful for
resolving individual disputes over special education
services for students with disabilities.
As parents and school districts in Texas become
more familiar with the process of facilitation, the
model will become the expected standard for
conducting successful ARDC meetings.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
Parent-to-Parent Support
 Advocate/Attorney Support
 Independent Educational Evaluator
 Education Service Center
 Texas Education Agency

Mediation
Complaint
Due Process Hearing Request
Appeal
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
Parent-to-Parent Support can be initiated by the
family and/or by the district.
Used when a family is struggling with specialeducation issues and needs non-educational
support.
Used when the parent/district communication has
broken down and parent needs help in
understanding special education issues.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
When the parent or district needs assistance in
understanding
special
education
legal
requirements.
When parent or district needs
formulating interests and positions.
assistance
in
When parent or district needs assistance
communicating interests and positions.
in
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
When the parties disagree on the conclusions of the
information collected.
When the parties disagree
evaluations conducted.
on
the
types
of
When the parties disagree on the results of
evaluations conducted.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
When the parties need help in understanding
special education rules and regulations.
To locate training, support groups, and other
resources.
When the parties need help in developing,
reviewing, and revising the student’s IEP.
When the parties need help in finding a facilitator.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
When the parties cannot reach consensus on:
Interests
 What outcomes each of the parties want for the student.
Positions
 What services the student needs.
 What goals/objectives the student needs.
 Where the student’s educational programming should be
implemented (placement).
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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Provide the student's full name, date of birth, and address; the parent's
full name and address; and the district and campus where the student
attends.
Respond to whether or not there is a due process hearing or complaint
on the issues related to the mediation request. If there is a due process
hearing or complaint, provide the docket or complaint number.
Provide a brief summary of the situation.
Provide contact information for authorized representative (e.g. attorney,
non-attorney representative, or self (student with a disability who is 18
years or older).

Sign and date the form.

Mail or fax a copy to the TEA (see contact information below) and the
school district or charter school.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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Mediation is an informal, voluntary process
during which an impartial mediator helps
parents and schools, who are experiencing
conflict, reach a suitable agreement about the
special education program of the student.
Facilitated IEP team meeting is a process that
encourages the perspectives and combined
knowledge of all participants in the
development of an IEP that promotes student
achievement and success.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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Mediation is a voluntary process that results
in an agreement enforceable through the
judicial system.
Facilitated IEP team meeting is a voluntary
process that results in an agreed-upon IEP for
the student.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
When a third party and/or the parent feels that the
school district is not following special education
rules and regulations.
Special education complaint investigations focus on
the procedural aspects of special education rules
and regulations.
Yes/No, did the school district follow regulatory
requirements?
Whether FAPE was provided to the student does not
impact a determination of a procedural violation.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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Complainant’s signature
Contact information of the complainant
Documentation that the complainant has also forwarded the complaint to the school
district or to the public agency serving the child
A statement that explains how the school district has violated IDEA
More than one factual detail that can be investigated to support each statement of how
the school district has violated IDEA
Must allege a violation that occurred not more than one calendar year from the date TEA
receives the complaint.
If the complaint is specific to a child, the complaint letter must also include the
following:
The name and address of the residence of the child
The name of the school the child is attending or, in the case of a homeless child or
youth (within the meaning of section 725(2) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child and the
name of the school the child is attending
A statement that identifies that the student is receiving special education services or
that the school district has knowledge that the student might be a student with a
disability and how the school district is not meeting the student’s needs
A proposal to resolve the problem
Documentation that the complaint was submitted to the school district
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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Local Resolution
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Mediation
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Early Resolution Proposal
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Formal Investigation by TEA
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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Policy/Procedure Review.
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Revision to the district’s Corrective Action Plan, if
applicable.
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ARDC meeting for the student(s) subject to the complaint
to determine possible compensatory services.
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Training of district staff.

Corrective actions (including compensatory services) must
be completed within one calendar year from the date of
the investigative report.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
When the parent feels that the school district is not
following special education rules and regulations.
Special education due process focuses on the procedural
and substantive implementation of special education
rules and regulations.
 Did the procedural violations impede the student’s right to
FAPE?
 Did the procedural violations significantly impede the
parent’s opportunity to participate in the decision-making
process regarding the provision of FAPE to the student?
 Did the procedural violations cause a deprivation of
educational benefit?
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
Student’s name, date of birth, and address
 Parent/Guardian’s name and address
 Name and address of school district the student
attends
 Issues/Allegations
 Facts/Supporting Details
 Proposed Resolution
 Contact Information of parent’s representative
 Documentation that the hearing request was
submitted to the school district

Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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Resolution Session (resulting in a settlement
agreement)

Mediation Session (resulting in a mediation
agreement)

Settlement
Agreement
(one
that
is
developed outside of a resolution session)

Dismissal
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
Lies on the party requesting the due process
hearing.
 Examples:

Parent challenging the adequacy of the student’s
IEP.
School district defending its own evaluation.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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Maintain a focus on collaboration between
parents, districts, attorneys/advocates, education
service centers, and TEA on the use of creativity
and openness in providing appropriate services
for students with disabilities.
Stay informed of the opportunities for successful,
information-based advocacy for children with
disabilities.
Continue to seek training and resources related
to building trust in the ARDC/IEP development
process.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011

Identify the positions and/or interests in the
following statements:
Grandma should make the green bean casserole
this year because her casserole is the best.
I want 30 minutes of speech therapy per week.
Because the student is failing his math class, I think
she should get extra tutoring.
Let’s evaluate him for occupational therapy.
The student will solve word problems with a
calculator at 70% of the time.
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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Hocker, Joyce L., and William W. Wilmot. Interpersonal Conflict. New York, NY: Mc-Graw
Hill Companies, Inc., 2001.
TEA General Special Education link:
http://www.tea.state.tx.us/index2.aspx?id=2147491399
TEA Special Education Dispute Resolution
http://www.tea.state.tx.us/index2.aspx?id=2147497560
TEA Legal Services
http://www.tea.state.tx.us/index2.aspx?id=622
Texas Project First
http://www.texasprojectfirst.org/
Partners Resource Network
http://www.partnerstx.org/
Directory of Community Resources in Texas
http://disabilityresources.tamu.edu/
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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Education Service Centers
http://www.tea.state.tx.us/index2.aspx?id=2147497535
Center for Appropriate Dispute Resolution in Special Education
http://www.directionservice.org/cadre/
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Family to Family Network
http://www.familytofamilynetwork.org/
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Texas Parent to Parent
http://www.txp2p.org/

Legal Framework
http://framework.esc18.net/

Frequently Used Acronyms
http://www.texasprojectfirst.org/AcronymsAD.html
Texas Education Agency
NCLB Parent Involvement
Conference December 9, 2011
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IEP Model Forms – Available December 1, 2011 on TEA’s website

Standards Based IEP Training

Facilitated IEP Training
Contact your local ESC for further information.
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Dispute Resolution Systems Handbook
http://ritter.tea.state.tx.us/legal/SE-Docs/DR_Handbook.pdf
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Partner’s Resource Network DVD – Available December 2, 2011
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http://portal.esc20.net/portal/page/portal/doclibraryroot/SpEd%20Stwd%20AGC%20Lef
t%20Nav/IEP%20%20WITH%20TABLE%20OF%20CONTENTS%20%20FINAL%20DOCUMENT%202.pdf
Disability Rights Texas – IDEA Manual 2012
http://www.disabilityrightstx.org/files/IDEA_booklet-color.pdf
Texas Education Agency
Parent to Parent June 25,
2011