Collaborative policy development cadre dispute resolution conference
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Collaborative Policy Development CADRE Dispute Resolution Conference. Janice LaChance – Maine Parent Federation Ann Nunery - Maine Administrators of Services for Children with Disabilities Michael J. Opuda - Northeast Regional Resource Center. Welcome - Dispute Resolution Stakeholders .

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Collaborative Policy Development CADRE Dispute Resolution Conference

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Collaborative policy development cadre dispute resolution conference

Collaborative Policy DevelopmentCADRE Dispute Resolution Conference

Janice LaChance – Maine Parent Federation

Ann Nunery - Maine Administrators of Services for Children with Disabilities

Michael J. Opuda - Northeast Regional Resource Center


Welcome dispute resolution stakeholders

Welcome - Dispute Resolution Stakeholders

Our charge:

  • Develop consensus for consideration by the Dept. of Ed.

  • Issues for discussion:

    • Mandatory mediation

    • Barring attorneys from mediations

    • Label for Serious Emotional Disturbance


Agenda

Agenda

  • Welcome & Orientation

  • Review ground rules

  • Collaborative policy development

  • Consensus building

  • Policy Development Activity

  • Feedback / Reflections


Ice breaker

Ice Breaker

  • Turn to the person next to you.

  • Identify the role you’ve been assigned for this activity

  • Identify who you really are

  • Why are you here?

  • What do you want to learn today?

  • Report out


Purpose of this stakeholders meeting

Purpose of this Stakeholders’ Meeting

  • To identify policy options

  • To identify significant issues of concern to stakeholders

  • To develop consensus on policy recommendations for the Department’s consideration


Objectives

Objectives

  • Improve understanding of diverse perspectives regarding the issues

  • Open, honest discussion of the issues

  • Identification of policy options based upon group consensus

  • Have some fun


Ground rules

Ground Rules

  • Agree to commit to entire meeting

  • Work collaboratively to develop consensus

  • Be respectful of diverse opinions

  • Express alternatives

  • Avoid side conversations

  • Others?


What is collaborative policy development

What is Collaborative Policy Development?

  • A Consensus based decision-making process

  • Collaboration among interested parties

  • Shared vision, goals, outcomes / diverse interests

  • Alternative to traditional policy development process


Typical rulemaking process

Typical Rulemaking Process

  • Development proposed rule

  • Notice of proposed rule

  • Public hearing

  • Public comment period

  • Review, summarize & respond to comments

  • Final regulations adopted


Why do we have regulations

Why do we have regulations?

  • Builds on federal law, federal regulations and state law.

  • Recognizes the regime values of Congress and the state legislature.

  • Clarifies legal obligations and terms.


Why do we have regulations1

Why do we have regulations?

  • Establishes state policy.

  • Sets standards for performance.

  • Provides fair notice of obligations.


Problems with traditional policy development

Problems with Traditional Policy Development

  • Accommodation / Compromise

  • Reactive process

  • Abstract policies

  • Top down decision making

  • Iron Triangles / Favored Voices


Collaborative policy development characteristics

Collaborative Policy Development Characteristics

  • All groups with a stake voluntarily agree to participate

  • There is direct, face-to-face interaction

  • Decisions are made by consensus

  • The group determines process and outcomes


Collaborative policy development benefits

Collaborative Policy Development - Benefits

  • Focuses resources / sets priorities

  • Ensures policies reflective of stakeholders

  • Fosters creativity

  • Facilitates regulatory process

  • Increases credibility, legitimacy, and trust


Collaborative policy development problems concerns

Collaborative Policy Development - Problems / Concerns

  • Contrary to traditional policy process

  • Stakeholders may decline to participate

  • Process is time-consuming

  • Requires tough decisions be made

  • Consensus is not always achievable


Collaborative policy development summary

Collaborative Policy Development - Summary

  • Acknowledges & values differences

  • Provides context for decision-making

  • Cooperatively seeks common ground

  • Develops consensus

  • Welcomes diverse perspectives


Consensus

Consensus

Unanimity based upon accepted criteria, e.g. “something you could live with.”

  • Responsive to minority concerns

  • Generates individual commitment

  • Time consuming

  • Veto-able


Consensus building methods

Consensus Building Methods

  • Round robin - solicit opinions from members

  • Thumbs up, down, or sideways

  • Five fingers method - fist = veto, 1 finger = highly unacceptable, 5 fingers = highly support


Reaching consensus

Reaching Consensus

  • Take easier issues first

  • Use active listening

  • Talk with each other

  • Park controversial issues

  • Identify acceptable alternatives


Decision making

Decision Making

  • How will the group determine consensus?

    • Thumbs up / down

  • What standard for consensus will the group adopt?

    • Acceptable / Live with it


What are the issues

What are the issues?

  • Should Attorneys be barred from participating in Mediations?

  • Should mediation be required prior to requesting a hearing?

  • Should the term “Serious Emotional Disturbance” be changed to “Emotional / Behavior Disorder?”


Topical discussion process

Topical Discussion Process

  • We will address one topic (mediation, attorneys, or SED label).

  • Consensus on topic?

  • Individually – respond to the 3 questions for the selected topic

  • Move to your color coded small group


Topical discussion process1

Topical Discussion Process

  • Break into one of three / four subgroups

    • Select recorder, timekeeper, facilitator

  • Individually - share your responses to the 3 questions w/ the small group

  • As small group – Discuss concerns / issues and solutions

  • Report to large group on concerns, solutions


Should attorneys be barred from participating in mediations

Should Attorneys be Barred from Participating in Mediations?

  • Will this benefit Children, Parents & Schools?

  • Will this impose additional burdens upon Children, Parents, & Schools?

  • Will this improve parent / school relationships?


Should mediation be required prior to requesting a hearing

Should mediation be required prior to requesting a hearing?

  • Will this benefit Children, Parents & Schools?

  • Will this impose additional burdens upon Children, Parents, & Schools?

  • Will this improve parent / school relationships?


Change serious emotional disturbance to emotional behavior disorder

Change “Serious Emotional Disturbance” to “Emotional / Behavior Disorder?”

  • Will this benefit Children, Parents & Schools?

  • Will this impose additional burdens upon Children, Parents, & Schools?

  • Will this improve parent / school relationships?


Barring attorneys at mediations

Barring Attorneys at Mediations


Require mediation

Require mediation


Change category from sed to e bd

Change category from SED to E/BD


Reflections

Reflections

  • What are the prerequisite conditions for successful collaboration?

  • Who should represent your organization?

  • Unintended consequences?

  • Further Questions / Comments?


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