THE CONSORTIUM FOR APPROPRIATE DISPUTE RESOLUTION IN SPECIAL EDUCATION (CADRE) December 2001

Transcription

1 THE CONSORTIUM FOR APPROPRIATE DISPUTE RESOLUTION IN SPECIAL EDUCATION (CADRE) December 2001 STATE NEEDS ASSESSMENT FOR TECHNICAL ASSISTANCE (TA) PURPOSE: This Needs Assessment is designed to accomplish three objectives: 1. To provide a structure for assessing needs and strengths across the key performance areas related to the development and improvement of dispute resolution practices. 2. To help CADRE develop TA activities, processes and products that respond directly to the stated needs of personnel within the states and entities. 3. To help CADRE develop a directory of resources consisting of those states that indicate that they have the capacity to serve as resources to other states in specific practice areas. CONTENT: The Needs Assessment is based on an operational structure that includes a statement of purpose, six performance areas associated with realizing the statement of purpose, and the key processes/activities involved in each performance area. A. Statement of Purpose To Develop and Improve Systems that Promote Agreement Reaching Abilities and Dispute Resolution Abilities. B. Performance Areas (of a state or entity working to achieve the purpose identified above): I. Effective Systems for Reaching Agreement II. Effective Processes for Dispute Resolution III. Participation and Planning by Diverse Stakeholders IV. Improvement in the Agreement Reaching and Dispute Resolution Skills of Participants V. Compliance with Legal and Regulatory Requirements VI. Use of Evaluation Data to Manage the System and Improve Practice C. that lead to realization of each of the performance areas listed above. These key processes are identified within the needs assessment. FORMAT: There are three scoring fields per item. These are: 1. Current priority for improvement. This field enables respondents to rate each item in terms of its current priority for attention and improvement. It is our recommendation that respondents complete this field for all items in the Needs Assessment before moving on to the next scoring field. The rating system in this and all other fields is, Medium or Low. 2. Interest in CADRE TA in the next 18 months. This field is the first step in the selection of areas that may be priorities for CADRE technical assistance. The responses to this field will have a

2 direct impact on the design and development of CADRE activities. Please assign HIGH priority to no more than 5 items. 3. Willingness to serve as a CADRE resource. We are well aware that high quality practices, procedures and products exist nationwide. This field provides respondents with the opportunity to identify their strengths and serve as potential resources. RESPONDENT: CADRE provides this needs assessment to each state's Dispute Resolution Coordinator (or Program Manager) and Part C Coordinator. If your state has a blended Part B and Part C Dispute Resolution System, you may elect to complete a single form for both systems. In completing this needs assessment, we encourage consultation with other groups and organizations that have interest and involvement in special education dispute resolution. QUESTIONS: If you have any questions or concerns about completing this assessment, please direct them to Philip Moses or Marshall Peter, at , or via (cadre@directionservice.org). We will summarize the information we receive and report it back to you with an accompanying menu of technical assistance offerings that respond to priority needs. We look forward to working with you to encourage the positive working relationships between families and schools envisioned in IDEA 97. Thank you for your time and thoughtful consideration. ABOUT THE PERSON COMPLETING THIS ASSESSMENT NAME: TITLE: ADDRESS: URL: PHONE: FAX: I COMPLETED THIS FORM RELATED TO THE: Part B System Part C System Part B and Part C System Any additional comments:

3 Performance Area I. Effective Systems for Reaching Agreement Agreement Reaching Processes and Activities are listed below. A. Identifying Procedures and Practices involved in: Rationale: The ability to improve outcomes and decrease costs associated with dispute resolution is directly related to the effectiveness of procedures aimed at helping parents and professionals reach agreements. Current Priority for Improvement Interest in CADRE TA in Next 18 Months Ability To Serve As CADRE Resource - Referral for Service, Identification of Children and Evaluation of Need for Service - IEP/IFSP Planning, Meeting and Implementation - Ongoing Parent-School Communication B. Measuring Performance of Procedures and Practices (identified above) to Assess: Availability, Quality, Adherence to Practice Guidelines, Durability of Agreements

4 Performance Area II. Effective Processes for Dispute Resolution A. Identifying and Implementing Effective Processes Across the Dispute Resolution Continuum Rationale: Mediation is the dispute resolution option most frequently discussed in regard to IDEA 97. It is, however, only one of the options that needs to be available in a system that is meeting the dispute resolution needs of children, families and schools. Current Priority for Improvement Interest in CADRE TA in Next 18 Months Ability To Serve As CADRE Resource - Pre-Dispute and Prevention Processes (e.g., Pre-IEP/IFSP Consultation by Experts, Facilitation of Sensitive IEP/IFSPs, Case Development, Intake and Pre-Mediation Strategies, Parent-to Parent Assistance) - Disagreement and Dispute Processes (e.g., Mediation on Demand, Solutions Panels, Early Neutral Evaluation) - Procedural Safeguards (e.g., Complaints, Mediation under IDEA '97, Due Process Hearings) B. Assisting Participants to Select ADR Options C. Offering Culturally Versatile Dispute Resolution Practices D. Measuring Performance of Options (identified in IIA above) to Assess: Availability, Quality, Adherence to Practice Guidelines and Durability of Results

5 Performance Area III. Participation and Planning by Diverse Stakeholders A. Identifying Broadly Representative Stakeholders Rationale: Participation and planning by parent representatives, cultural liaisons, ADR practitioners and local educators helps insure that improved outcomes are recognized by all participants; that change is lasting; and that the community of service providers and recipients is strong and cohesive. Current Priority for Interest in CADRE TA Ability To Serve As Improvement in Next 18 Months CADRE Resource B. Involving Stakeholder Involvement in Policy and Program Design and Development C. Involving Stakeholders in Implementation, Evaluation and Quality Improvement at All Levels

6 Performance Area IV. Improvements in the Agreement Reaching and Dispute Resolution Skills of Participants (Mediators, Parents and Other Professionals) A. Clearly Defining of Roles and Competencies in: Rationale: The demonstration of quality outcomes associated with ADR depends on effective practice at many levels within and across systems. Improvement in the skills and performance of all participants should result in improved effectiveness in dispute resolution and the other performance areas listed in the Needs Assessment. Current Priority for Improvement Interest in CADRE TA in Next 18 Months Ability To Serve As CADRE Resource - Communication and Conflict Management Skills (e.g., Active Listening, Interest-Based Negotiations, Problem Solving) - Advanced Conflict Management Skills (e.g., Facilitation, Team Functioning, Collaborative Decision Making, Consensus Building) - Mediation Skills (e.g., Neutrality, Agreement Writing, Ethics, Cultural Versatility) - Knowledge of Special Education and Early Intervention (e.g., Laws, Regulations, Programs and Services) B. Establishing Strategies to Improve Performance C. Providing Interactive Training Involving Family Members, Educators and Service Providers

7 Performance Area V. Compliance with Legal and Regulatory Requirements A. Identifying and Interpreting Relevant Legal and Regulatory Requirements Under IDEA '97 and Regulations Rationale: States are mandated to meet the standards stipulated in IDEA '97 and its accompanying regulations. The ability to achieve compliance is enhanced to the degree that the State Agency has the cooperation and participation of stakeholders at all levels of the system. Current Priority for Interest in CADRE TA Ability To Serve As Improvement in Next 18 Months CADRE Resource B. Developing, Implementing and Interpreting State Policies and Practices that Meet Legal Requirements C. Monitoring State IDEA Dispute Resolution Systems to Assure Consistency with Requirements

8 Performance Area VI. Use of Evaluation Data to Manage the System and Improve Practice Rationale: The demonstration of quality outcomes depends on the use of appropriate measures and the ability to use these measures to determine effectiveness and opportunities for improvement. A. Identifying Key Measures of Effective Practice Within Accomplishment Areas Current Priority for Improvement Med Low Interest in CADRE TA in Next 18 Months Ability To Serve As CADRE Resource Med Low Med Low B. Using Timely and Effective Measures for Collecting, Analyzing and Understanding Data C. Using Effective Methods for Utilizing and Reporting Data to Make Decisions Resulting in Improved Practice and Intervention D. Developing and Making Available Resources Within the State to Meet Identified Needs (resources include: time, funding, personnel, TA and training) in each Performance Area