The Art of Compromise Benefits Students With Disabilities

by David Gruber, Director, Michigan Special Education Mediation Program (MSEMP)

John, a 14-year-old student with learning disabilities, was caught assaulting another student and expulsion was recommended. A process known as “manifestation determination” was used to determine whether or not his disability played a part in the assault. Through the process, it was found that John’s behavior was not a result of his disability. His parents, however, disagreed with the finding and requested a due process hearing. The issue was now on track toward a formal hearing. After a resolution session failed to result in an agreement, the parents learned about the Michigan Special Education Mediation Program (MSEMP) from information provided by the local intermediate school district and the Michigan Department of Education. A subsequent two-and-a-half hour mediation session resulted in a full agreement. The hearing request was withdrawn, and the student returned to school the next day.

Parents and educators from across Michigan are discovering the benefits of using collaborative methods to work out their differences related to special education, as both parties focus on the goal of doing what’s best for the child. A facilitated individualized education planning team (IEPT) meeting offers parents and educators an opportunity to discover that agreements can be reached in spite of differing opinions or strained relations. In a facilitated resolution meeting, a facilitator assists with communication between parents and educators after a dueprocess complaint has been filed. In mediation, a neutral mediator helps parents and educators work to resolve a specific dispute either before or after it prompts a complaint. The goal, in each setting, is an IEP or agreement that meets the educational needs of the child and is supported by all parties. Most importantly, educators and parents learn, through collaboration, that they often can come to an agreement without filing a complaint, requesting a due process hearing, or going to court.

Families and Educators Working Together

The Michigan Special Education Mediation Program (MSEMP), a federally funded program of the Michigan Department of Education, provides neutral facilitators and mediators for early intervention or special education disputes at no cost to families and educators. MSEMP facilitators receive training in special education law and regulation and in facilitation and mediation techniques. They strive to create a non-adversarial climate where parents and educators can work to make decisions in a timely manner.

MSEMP facilitators have learned, first hand, that collaboration brings results. A case involving a student with Down Syndrome, for example, was marked by years of disagreement over the issue of least restrictive environment. When a facilitator was requested for an annual IEPT meeting, the 90-minute session resulted in a signed IEP that the parents, the parent advocate, and the school district felt good about endorsing. Facilitation helped the parties participate fully, clarify communication, and stay focused on the issues at hand.

Collaboration Brings Results

Facilitation and mediation work best when the parties communicate to increase understanding, share information, generate and compare options, and choose the option that best addresses the child’s needs while proving workable for the adults involved.

Parents and educators make the most of these methods when they develop collaborative problem-solving skills of their own. The following skills play a significant role in obtaining positive outcomes, especially since parents and school representatives retain all of the decision-making authority when they participate in facilitated IEPT and resolution meetings, and in mediation.

The skills involved include the following:

Active listening—Listening to understand, though not necessarily to agree, involves acknowledging another speaker’s perspective, paraphrasing the speaker to demonstrate understanding, and checking with the speaker to confirm the understanding is accurate.

Neutral phrasing—Contentious issues may sometimes be framed within an accusation. For example, a parent and an educator may blame one another for failing to implement additional testing time for a student with a reading disability. By defining the issue simply as “additional testing time” without the accusations, they can discuss options for making additional testing time a workable reality.

“I” statements—“I” statements enable a listener to respond to the ideas or behavior of another party without blaming. The listener responds by saying “I have a problem with your ideas (or actions). I’m not certain the ideas directly address the issue. Here is what I would suggest as an alternative.”

Brainstorming—Parents and educators increase the chances of successfully resolving issues by giving themselves choices. They can then review the choices to see which will best serve the student.

By learning and using these skills, participants are encouraged to set aside the urge to “win” at others’ expense in exchange for seeking ways that all concerned—especially the child—can benefit.

The MSEMP offers facilitator services statewide, in addition to helping parents and educators develop their own skills through workshops in collaborative communication and problem solving. The MSEMP is a Mandated Activities Project of the Michigan Department of Education, Office of Special Education and Early Intervention Services. The facilitation and mediation services, along with the training workshops, are conducted at no cost to participants. For more information, contact your MSEMP service center at (800) 8RESOLVE or visit www.cenmi.org/msemp to complete a service request form.