Office for Dispute Resolution Staff Participate in National Summit
The Office for Dispute Resolution (ODR) respresented Pennsylvania at a national train the trainer Creating Agreement program on May 30 in New Jersey. The National Association of State Directors of Special Education (NASDSE) invited a few state directors or their designees to represent the state educational agency view on a new and very promising project to assist parents and educators to "create agreement" and avoid, minimize, or appropriately address, conflict during the IEP process. Kerry Smith, director of ODR, and Gloria Satriale, Consultant to ODR, were designated to represent Pennsylvania at this summit. Pennsylvania joined New Hampshire and Wisconsin in this important endeavor. The program was sponsored by SPAN (the Statewide Parent Advocacy Network), the IDEA (Individuals with Disabilities Education Act) Partnership at NASDSE, and CADRE (Consortium for Appropriate Dispute Resolution in Special Education), an Office of Special Education Programs funded project. Presenters included representatives from several parent and educational agencies and associations who showed how to facilitate Creating Agreement modules in Pennsylvania, developed by a team of parent centers, general and special educators and administrators.
The Individuals with Disabilities Education Improvement Act of 2004 (IDEA) allows a state Secretary of Education to contract for coordination services in support of due process hearings. The Pennsylvania Department of Education accomplishes this by funding, through the Central Susquehanna Intermediate Unit's (IU #16) fiscal administration, the completely substantively independent Office for Dispute Resolution (ODR). In order to maintain its integrity and autonomy, ODR is free from interference or influence on any substantive matters from any entity or individual, including without limitation, parents, advocacy groups, school districts, intermediate units (including IU 16), or PDE. The hearing officers employed by, or who are independent contractors with ODR, are independent of it, as required by statute, and are not subject to substantive direction from or control by ODR, or any other agency or group, affecting the outcome of due process hearings.
EspanolEl Acta de la Mejora de Educacin para Individuos con Discapacidades (IDEA, por sus siglas en ingls) de 2004 permite que un Secretario de Educacin del estado pueda contratar servicios para la coordinacin de audiencias del proceso debido. El Departamento de Educacin de Pennsylvania (PDE, por sus siglas en ingls) realiza sto, financiando, por medio de la administracin fiscal de la Unidad Intermedia #16 de Susquehanna Central (IU #16, por sus siglas en ingls), la Oficina para la Resolucin de Disputas (ODR, por sus siglas en ingls), que es completamente y sustantivamente independiente. Para mantener su integridad y autonoma, ODR est libre de intervencin e influencia, con respecto a alguna cuestin substantiva, de alguna entidad o individuo, incluyendo, sin limitacin, padres, grupos de apoyo, distritos escolares, unidades intermedias (incluyendo a la IU 16), o PDE. Los oficiales de las audiencias empleados por, o que son contratistas individuales con ODR, son independientes de ella, como es requerido por el estatuto, y no estn sujetos a direccin substantiva o control por la ODR, o alguna agencia o grupo, afectando los resultados de las audiencias del proceso debido.
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The Office for Dispute Resolution (ODR), funded through the Pennsylvania Department of Education, is responsible for the operation and management of Pennsylvania's Special Education and Gifted Education Dispute Resolution System. Through a variety of services, ODR provides to parents of gifted children, children with special needs, and the educational agencies which serve them, opportunities to resolve educational disputes through the following mechanisms:
ConsultLineConsultLine is a toll-free help line designed to provide information to parents and advocates of children with special needs. ConsultLine staff will explain federal and state laws relating to special education, describe the options that are available to parents, inform parents of procedural safeguards, identify other agencies and support services, and describe available remedies and how parents can proceed.
As part of the call, the Call Resolution Process (CRP) may be discussed. When appropriate, ConsultLine Specialists will ask permission from the caller to send an email to the Special Education Director of the involved school, with a copy to the Department of Education/Bureau of Special Education Advisor assigned to that school, alerting the school to issues discussed during the call. Once CRP is utilized, the school district has the sole discretion to determine how to proceed. Often times, however, this process facilitates resolution of the issues between parents and educational agencies.IEP FacilitationIEP Facilitation is a voluntary process that can be utilized when all parties to the IEP meeting agree that the presence of a neutral third party would facilitate communication and the successful drafting of the student's IEP. This process is not necessary for most IEP meetings; it is most often utilized when there is a sense from any of the participants that the issues at the IEP meeting are creating an impasse or acrimonious climate. If the parties agree, ODR will provide an IEP Facilitator. There is no cost to participants.
MediationMediation helps to establish a positive relationship between parents and school personnel through collaborative problem solving under the guidance of a trained mediator. Through the mediator's facilitation, parties may reach agreements about specific issues involving the child. If the parties agree, ODR will provide a Mediator. There is no cost to participants.
Due ProcessDue process hearings are formal, quasi-judicial forums in which parties to an educational dispute present arguments and evidence to a hearing officer. A hearing officer issues a decision based upon the facts and evidence presented, in conjunction with analysis of state and federal laws and precedents established through court cases and other due process hearings. ODR bills educational agencies for the costs associated with due process. Educational agencies are represented by legal counsel at due process hearings. Parents are not obligated to be represented by legal counsel, but if they chose to be they are responsible for securing and financing legal counsel to assist them. In some instances, parents may seek reimbursement of their attorney fees through the court system.
Other Services Dispute Resolution Skills Training. Upon request ODR provides training to interested groups on strategies to prevent conflict from occurring, along with mechanisms for resolving conflict through mediation skills.
Speakers. ODR provides speakers to interested groups on the services provided by the office and general information on dispute resolution mechanisms.
Contact ODRODR Staff will help you contact the right person in the Office for Dispute Resolution.
Filing Period Holidays will take you to the dates when the Office for Dispute Resolution is closed.