Alternative Dispute Resolution Services

 

Alternative Dispute Resolution is an informal method of settling disagreements that may arise during an IEP meeting. ADR uses specific options of this process to open communication, promote understanding, and reach agreements that support and strengthen relationships. ADR is designed to meet the interests of the parties involved that result in mutually agreeable outcome rather than a decision solely made by a third party, hearing officer, or judge.


 

ADR Intake

The SELPA ADR Coordinator listens to your concerns, helps you identify your interest and identifies a process to help, coordinate meetings, and monitors ADR activities.

Collaborative Conferencing

The SELPA staff is available to conference with parents or district staff to intervene early, offer suggestions, and resolve concerns.

Facilitated IEP Meetings

A formal IEP meeting facilitated by a neutral facilitator enables the IEP team to build relationships, focus on the IEP content and the student, honor time limits and the IEP process, and work towards a resolution by the IEM team.

Dispute Resolution Sessions

The ADR Coordinator schedules a session that brings the disputing parties together to reach a mutually satisfying agreement with the guidance of a trained impartial mediator. The session allows both parties to listen and express their point of view. The mediator will help the parties try to find a solution that is acceptable to both parties. The parties decide whether or not the dispute is settled, When an agreement is reached, the specifics are put in writing and signed by all parties to signify the commitment of both parties to uphold the resolution.

If an agreement is not reached, either party may file for Due Process.

Benefits

Benefits to participating in the ADR/Collaborative Conference Process:

Parents participating in the ADR Process have the opportunity to gain insight into the decisions of the school district, negotiate their own position in an informal, non-intimidating space and re-establish lines of communication. The gal of the ADR process is to achieve an early student- centered resolution.

Below are some values to consider: 

• It's Effective - Facilitated communication, which the Collaborative Conference sessions offer, result in long-term resolutions with mutual satisfaction.
   
• It's Convenient - The Collaborative Conferences can be scheduled at a mutually convenient time and location to accommodate participant's schedules.
   
• It's Empowering - The Collaborative Conference allows parents and school personnel to develop student-focused solutions which take into account all perspectives.
   
• It's Confidential - Statements made during the Collaborative Conference and documents prepared for the sessions are confidential and are not made available under any circumstances without expressed written consent.
   

Roadmap to Voluntary Resolution

ADR (20 Days = Fast Track)

- The District's ADR process seeks to expedite resolutions to special education compliance complains in a manner that meets the student at the earliest opportunity. 

- In ADR, the District will offer to resolve a complain in ten days and/or facilitate assistance with resolution by a neutral mediator in 20 days. If satisfactorily resolved, the District and parent together will document a withdrawal of the formal complaint.

CDE (60 Days)

 A parent may choose to continue with a formal special education compliance investigation with the California Department of Education (CDE) in lieu of engaging in ADR. The State's formal compliant investigation report of findings and any corrective actions will be made available once the 60 day investigation has concluded.

Parent Withdrawal (Anytime)

 A parent may choose to withdraw their formal special education compliance complaint with the CDE at any time during the 60 day investigation. A formal withdrawal must be made in writing and submitted to the CDE.