Tonya Sampson-Canepa, J.D. Synergy Resolutions, Inc. Houston, Texas October 28, 2005 – Eugene, OR

1. Conflict Resolution In Special Education:EMPOWERING PARENTS AND EDUCATORS TO WORK TOGETHER TO GUARANTEE EQUAL OPPORTUNITY AND ACHIEVE EDUCATIONAL GOALS FOR MINORITY STUDENTS Tonya Sampson-Canepa, J.D. Synergy Resolutions, Inc. Houston, Texas October 28, 2005 – Eugene, OR

2. Conflict Resolution In Special Education: • Empower Educators • Empower Parents • Work Together • Guarantee Equal Opportunity • Achieve Educational Goals • Minority Students Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

3. Let’s Talk … • What concerns do I have about educational opportunities for minority students in general? • What do I know about minority students in Special Education? • What additional concerns might I have about educational opportunities for minority students with disabilities? • How does my state or local school system address these concerns? • How does my state mediation program reach minority students in Special Education? Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

4. Significant Steps … • Before 1975 – Majority of Disabled Students Were Not Receiving Public Education • 1975 – IDEA (Individuals With Disabilities Education Act) - Substantive Rights and Procedural Protections – FAPE (Free & Appropriate Public Education) Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

5. Significant Steps … (cont.) • IDEA 1997 – Required Mediation Program When Due Process Hearing Requested • IDEA 2004 – Requires Mediation Program Even When Due Process Hearing NOT Requested • IDEA 2004 – Requires “Resolution Session” within 15 days of Request For Due Process Hearing, after which Due Process Timeline Begins Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

6. Setting The Stage … “In the highly emotional world of special education, which involves children’s classification as “different” and their placement in programs outside of the regular classroom, it is not uncommon for parents to believe that the system poorly serves their children or for educators to believe that their expertise, compassion, and years of training are continuously and unfairly under attack”1 1“Is Mediation a Fair Way to Resolve Special Education Disputes? First Empirical Findings” Peter J. Kuriloff and Steven S. Goldberg, Harvard Negotiation Law Review, Vol. 2-35, Pg. 60 Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

7. Disproportionality – Issues ? • Inadequate Services • Low-quality Curriculum & Instruction • Unnecessary Isolation From Non-Disabled Peers – LRE / Inclusion • Overrepresentation • Over-diagnosis / Mis-diagnosis • Behavior Issues / Manifestation • Other Hardships Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

8. Most Common Issues Are Non-Legal (i.e., Non-DPH) Effective / Successful Some States Promote Mediation Without DPH Request Relatively High Satisfaction Rate With Outcome Alternative To Costly DPH Linked To Due Process Hearing Requests Minorities Not Accessing DPH, Mediation, etc. Minorities May Not Be Effectively Participating Inherent Power Imbalances May Not Be Adequately Addressed Little Focus on Improvement In Relationship DPH , Resolution Session, Mediation, IEP Facilitation … Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

9. You’ve Won ……. A New Car !!! • But …. • You Don’t Have Money For Gas • You Don’t Have a Valid Driver’s License • You Don’t Know How To Drive • YOU DON’T KNOW YOU WON A CAR !!! Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

10. Barriers To Full Participation • Inability To Engage Productively In Conflict – (Models/Systems Used???) • Lack of Effective Representation and Advocacy • Lack of Access to & Awareness of Means of Resolving Disputes Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

11. Eliminating Barriers • Conflict Resolution Training • Parents • Special Education Staff and Other Personnel • Advocates and Representatives • Increase Options For Self-Advocacy • Law School Clinical Programs • Community Service Programs Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

12. Eliminating Barriers (cont.) • Early Intervention & Empowerment of Parents • Conflict Resolution Training • Initial • Annual Follow-up • Advocacy Training • Early Intervention & Empowerment of Schools • Incorporation Into Degree Curricula • Initial Upon Employment of All Personnel • Routine For Personnel Involved Directly in Special Education Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

13. Eliminating Barriers (cont.) • Early Intervention – Parents & Schools • IEP Facilitation • Resolution Session • Ombuds Office • Training • Dissemination of Information on Available Services Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

14. Conflict Resolution Continuum • Consortium For Appropriate Dispute Resolution in Education (CADRE) • Identification of Services in States • Efforts To “Move Upstream” On the Continuum of Services Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

16. What Can I Do? • BE INFORMED - Inquire About Available Processes • STAY INFORMED – Keep abreast of Available Processes • SPREAD THE WORD – Share With School Personnel & Parents • PROMOTE - Encourage use of processes by schools and parents • PRACTICE - Incorporate conflict resolution routinely • BE AWARE – Know own experiences, limitations, biases, skills • ADVOCATE FOR IMPROVEMENT – Movement “Upstream” Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

17. Resources … • AEEE • Advocates for Educational Equity & Excellence • www.aeee.org • CADRE • Consortium For Appropriate Dispute Resolution in Education • www.directionservice/cadre • ACR • Association For Conflict Resolution – Education Section (Check For Local Chapters) • www.acrnet.org Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.

18. What To Remember … EMPOWER ! EDUCATE ! ENABLE ! Our Youngest and Most Vulnerable Copywritten By Synergy Resolutions, Inc. 2005. All rights reserved. No materials may be reproduced, duplicated, and/or distributed in any form or format without the prior written authorization of the author.