MSEMP - Reaching Agreement Newsletter

OSE/EIS Drafts Collaborative Dispute Resolution Plan

Parents and educators would have a range of informal and formal options for avoiding or resolving special education disputes under a plan being drafted by the Office of Special Education and Early Intervention Services (OSE/EIS).

The draft plan provides informal ways to resolve disputes before or after a formal complaint is filed. It also provides for a one-tier formal complaint process led by the Michigan Department of Education (MDE) with cooperation from the Intermediate School Districts (ISDs). The plan will be available for public comment in Fall 2007.

The OSE/EIS plan, entitled Resolving Special Education Disputes, identifies and encourages the use of informal, collaborative ways of addressing special education concerns. These approaches leave parents and educators in control of decision making. They include, but are not limited to:

Local resolution, in which a parent with a concern talks to the local special education administrator.
An Individualized Education Planning Team (IEPT) meeting, which can be requested at any time to address concerns.
A facilitated IEPT meeting, in which a neutral facilitator aids communication during an IEPT meeting; and
Mediation, in which the parties to a dispute work to resolve specific issues with the aid of a neutral person who helps with communication.

A person with a concern may use any of these processes at any time before or after a complaint is filed.

“All parties are encouraged to make every effort to resolve complaints with the least amount of conflict possible,” the plan states in its discussion of the formal complaint process.

A formal complaint under the plan would be filed with the MDE and the local school district. The complainant may opt to resolve the complaint through local resolution, mediation, corrective action proposed by the school district, or an investigation.

Complaint investigations would be conducted jointly by the MDE and the appropriate ISD.
The OSE/EIS plan was developed by a committee representing the OSE/EIS, ISDs, local school districts, parent advocacy organizations and the MSEMP.