Informal Problem-Solving Can Resolve Disputes Early

by Carolyn Brown

The majority of differences between schools and parents can be resolved in the informal ways disagreements are usually resolved—by talking to a person who has some power to help or by discussing the problem and coming to an agreement about a course of action.

While the formal methods of problem-solving always remain open and must be used on occasion, they often take significant time. In some cases, formal dispute resolution further damages the relationship between the parents and the school. That’s why informal problem-solving is such an important tool for all members of the education community.

In order to solve problems informally, parents must be able to communicate effectively with school personnel. The following is a suggested plan of action for parents or adult students when seeking an informal resolution to the problem:

1. Identify the problem. This step is the key to problem resolution. It is important to be very clear and exact when defining a problem. The narrower the definition, the more likely it is that a resolution will be reached.
2. Determine what kind of problem it is. Is it a human interaction problem, an education problem, or a special education problem? This step is key to finding the information needed to resolve the problem and the person or people who can help.
3. Gather information about the issue. Determine where you can get the information needed to successfully address the problem. If it is a special education problem, determine which laws (if any) provide the mechanisms that will help resolve the problem. Remember that services are provided in schools based on evaluations. If the parent thinks the student needs any service, start by requesting that the school evaluate the student’s strengths and needs. The school has a right and obligation by law to provide evalu-ations or to contract for them. Related services are not provided because of an agreement; they are provided because of evidence that shows and experts who believe the student must have the services to benefit from the education. Be sure to save copies of evaluations. Increases or changes in services are easier to obtain if the school’s own evaluations document that there has been no progress.
4. Identify possible solutions. Try to think of several reasonable solutions to any given problem. Many of the problems that occur do not require expensive or extraordinary expertise to resolve. When reviewing the possible solutions, remember to identify differences of opinion, listen, and ask questions until all points of view are understood. Try not to get upset or use “authority” to resolve issues.
5. Devise a measure. Determine when the parents and the school will agree that the problem is actually solved. To do this, think about the problem in terms of how to get to one of the solutions proposed. Describe the expected result.
6. Identify a person who can help solve a problem. Go to the person most likely to be able to help, but use the lowest intervention level possible. The person “at the top” does not always have all of the information. An issue may be resolved in a day if the problem can be discussed with the teacher or special education director and if reasonable solutions are proposed. Remember to deal with the special education staff as often as possible. They are knowledgeable about servi-ces and the law.
7. Follow up. Set a meeting date to review progress. Keep track of how an agreed-upon solution gets implemented. Follow-up is often harder than imagined.

Some issues cannot be resolved without a formal process. While necessary on occasion, formal special education dispute resolution processes should be last resorts for several reasons:

• They immediately place parents and school districts in adversarial positions.
• They are costly in terms of time and money for both parties.
• They take time to reach a resolution, which may further postpone appropriate programming for the student.
• They fail to contribute to the cooperative long-term relationships that help students with disabilities learn.

At any point, a parent may wish to contact an advocacy agency, a disability-related support group, or other parents for information or strategies to use in resolving problems.

Adapted with permission from Special Education: An Advocate’s Manual (2002 edition) by Carolyn Brown, advocate, Michigan Protection & Advocacy Service, Inc. (MPAS). For more information, contact MPAS at (800) 288-5923, 4095 Legacy Parkway, Suite 500, Lansing, MI 48933; www.mpas.org; Fax (517) 487-0827.

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