connecting research to practice for teacher educators

Connecting Research to Practicefor Teacher Educators

DeAnn Lechtenberger — Principle Investigator

Nora Griffin-Shirley — Project CoordinatorDoug Hamman — Project Evaluator

Tonya Hettler—Grant Manager

Financial Support for Project IDEAL is provided by the Texas Council for Developmental Disabilities, with Federal funds* made available by the United States Department of Health and Human Services, Administration on Developmental Disabilities. *$599,247 (74%) DD funds; $218,725 (26%) non-federal resources.

The views contained herein do not necessarily reflect the position or policy of the funding agency[s]. No official endorsement should be inferred.

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A problem-solving intervention For developing solutionsUseful in almost any dispute or

conflictCan be used anywhere Includes a neutral third party

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Alternative Dispute Resolution (ADR)ADR is a continuum of methods to

resolve disputesMediation is an option available and

is one of the broad ADR options

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Mediation is one method for encouraging school districts and parents to resolve special education disputes.

The goal is to reach a conclusion that both parties find acceptable. (Marchese, 2001)

One goal is to reach a resolution without continuing to a due process hearing or civil proceeding (Senate Report, 1997).

IDEA 2004 encourages the use of mediation for resolving complaints.

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Mediation may occur any time.When a dispute resolution occurs

through due process or civil proceedings, the court system is involved.

Remember, “the wheels of justice move slowly.”

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If the agreement between the two parties is reached, the agreement is binding.

Consequently, due process is not available following an accepted mediation agreement on the same set of facts.

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Developed by Moore (1986) Introductory statements Each participant’s initial presentationOpportunity to meet in a two-way

meeting with both participants and mediator

Opportunity for participants to meet individually with mediator

The goal of the meetings is to define and clarify the problem and issues

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Generate solution options If agreement is accepted by both

participants, agreement terms are clarified Duties for each party assigned

If no agreement is accepted, future problem-solving methods are discussed

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Texas Education Agency (TEA) provides mediation at no cost to either district or parent

Voluntary InformalGoal: reach agreement regarding a

specific student’s special education program

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Remains neutral and impartial Creates a safe environment for open

interaction Assists parties to reach their own

resolution Is trained in mediation Knowledgeable about special education Identifies points of agreement Clarifies options Mediator does not offer legal advice or

propose a solution that favors either party. 11

http://ritter.tea.state.tx.us/special.ed/medcom/medinfo.html

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Prior to mediation: Establish a positive relationship with parent Address special education concerns through

regular contact Maintain open communication with parent Maintain documentation of efforts to provide

a beneficial program for the student Try to understand the underlying concern,

not just the obvious concerns

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Prior to mediation: Identify issues for discussion Inform mediator of individuals

invited to sessionFocus on student needs and

potential reasonable solutionsClear schedule of time constraintsAsk the mediator about the specific

structure for the mediation session14

In a TEA mediation session, an attorney may be present.

The party inviting the attorney will be responsible to pay the attorney fees.

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A neutral third party may help the participants reach an agreeable settlement.

Mediation may be an opportunity for the parties to sit down together to resolve their differences.

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DeAnn Lechtenberger, Ph.D.Principle Investigator

deann.lechtenberger@ttu.edu

Tonya Hettler, Grant Managertonya.hettler@ttu.edu

Webpage: www.projectidealonline.org

Phone: (806) 742-1997, ext. 302The views contained herein do not necessarily reflect the position or policy of

the funding agency[s]. No official endorsement should be inferred.

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