Resolving Conflict Through the Dispute Resolution Processes

#TNBestforAll

Taylor Jenkins and Tricia Craig

Resolving Conflict

Through the Dispute

Resolution Processes

Office of General Counsel

STUDENT READINESS

TENNESSEE PUBLIC SCHOOLS WILL BE

EQUIPPED TO SERVE THE ACADEMIC

AND NON-ACADEMIC NEEDS OF ALL

STUDENTS IN THEIR CAREER PATHWAYS

ACADEMICS

ALL TENNESSEE STUDENTS WILL HAVE

ACCESS TO A HIGH-QUALITY EDUCATION,

NO MATTER WHERE THEY LIVE

EDUCATORS

TENNESSEE WILL SET A NEW PATH FOR

THE EDUCATION PROFESSION AND BE

THE TOP STATE IN WHICH TO BECOME AND

REMAIN A TEACHER AND LEADER FOR ALL

We will set all students on a path to success.

Agenda

 General Tips for Avoiding Conflict

 Understanding the Special Education

Dispute Resolution Processes

Special Education Dispute Resolution Data

42

44

19

94

52

25

107

90

39

Administrative Complaints Due Process Complaints Mediation Requests

2020-21 2021-22 2022-23

Tips for Avoiding Conflict

Common Issues in Complaints

 Failing to provide an appropriate individualized education

program (IEP).

 Failing to implement IEPs as written.

 Failing to meet timelines.

 Failing to issue a sufficient prior written notice (PWN).

 Failing to issue meaningful progress reports.

 Failing to follow special education disciplinary provisions.

 Failing to follow proper independent educational evaluation

(IEE) procedures.

Preventative Solutions Against Complaints

 Ensure your staff understand what a free appropriate public

education (FAPE) is and how it has been defined by courts.

 Ensure you have a plan in place for staffing shortages and for

providing compensatory education when necessary.

 Ensure your staff are familiar with all special education

timelines.

 Ensure your staff are trained on writing IEPs, prior written

notices, and progress reports.

 Ensure your staff understand the manifestation determination

review process and zero-tolerance offenses.

 Ensure you have agency criteria in place for IEEs.

Resolution is always possible!

 The best way to maintain a long-term relationship with a student’s

parent or guardian may be to resolve the issue outside of the

adversarial dispute resolution processes.

 Resolution outside of the adversarial dispute resolution processes has

clear benefits:

– Resolution is confidential.

– Resolution can result in tailored outcomes that are acceptable to both

parties.

– Resolution does not impact your Federal Programs and Oversight Results-

Based Monitoring.

– Resolution does not impact the Local Education Agency (LEA) Approval

process.

Special Education Dispute

Resolution Processes

The Administrative Complaint Process

The student’s

parent or an

interested party

files an

administrative

complaint form

with TDOE.

TDOE issues an

opening letter to

both parties

within 5 calendar

days of the

complaint form

being filed.

The local education

agency (LEA)

submits a written

response to the

allegations within

15 calendar days of

TDOE issuing the

opening letter.

The LEA can seek

a time extension

of up to 10

calendar days for

good cause

shown.

1 2 3 4

The Administrative Complaint Process

TDOE may seek

additional

information from

either party.

TDOE issues a

written

determination

letter no later than

60 calendar days

from the date the

complaint was

filed.

If there is no

finding, the

matter is closed. If

there is a finding,

TDOE will issue a

corrective action

plan.

If there is a

corrective action

plan, the action

items must be

completed within

one calendar year

from the date the

written

determination

letter was issued.

5 6 7 8

The Due Process Complaint Process

The student’s

parent files a due

process complaint

form with TDOE.

TDOE requests that

the LEA complete

the LEA section of

the due process

complaint form

within

3 business

days

of receipt.

TDOE files the

completed due

process complaint

form with the

Secretary of

State’s Office.

The Secretary of

State’s Office

assigns an

administrative law

judge (ALJ) to the

matter.

1 2 3 4

The Due Process Complaint Process

The ALJ convenes

a prehearing

conference to

schedule the final

hearing and to set

intermediate

deadlines.

The LEA must

convene a

resolution session

within 15 calendar

days of the

complaint form

being filed, unless

the parties agree to

waive the session

or go to mediation.

The parties can

engage in

discovery and

motion-practice

prior to the final

hearing.

The parties go to

a final hearing,

and the ALJ issues

a final written

order thereafter.

5 6 7 8

The Mediation Process

The student’s

parent files a

mediation request

form with TDOE.

TDOE submits the

mediation request

form to the LEA.

If the LEA agrees to

mediation, TDOE

files the completed

mediation request

form with the

Secretary of State’s

Office.

The Secretary of

State’s Office

assigns a

mediator to the

matter.

1 2 3 4

The Mediation Process

The mediator

reaches out to the

parties to

schedule

mediation.

The mediator

issues a letter to

the parties with

information for

the mediation

participants.

The mediation

occurs. If the

mediation is

successful, the

parties enter into

a written

agreement.

If the mediation is

unsuccessful, the

parties can agree

to convene

another

mediation or to

close the matter.

5 6 7 8

Special Education Dispute Resolution

Resources

 Questions? Email

dispute.res[email protected]v

 Quick Guide to Dispute

Resolution Processes in

Tennessee

 The Center for Appropriate

Dispute Resolution in Special

Education

Thank You!

Taylor Jenkins

Assistant General Counsel for Special Education

[email protected]

Permission is granted to use and copy these materials for non-commercial educational purposes with attribution credit to the

“Tennessee Department of Education”. If you wish to use these materials for reasons other than non-commercial educational

purposes, please contact Joanna Collins (J[email protected]).

Tricia Craig

Senior IDEA Complaints Investigator

tricia.cr[email protected]