ODR Stakeholder Council Meeting December 13, 2012 Meeting Minutes Office for Dispute Resolution 6340 Flank Drive Harrisburg, PA 17112
Members in Attendance (in person) Dr. Janice Cunningham, Mental Health Representative Janice Estabrook, Gifted Community Representative (PAGE) Jane Williams, Esquire, School District Attorney (substitute for Andrew Faust) Robyn Oplinger, Parent Advocate Representative (DRN) Dr. Gina Scala, Higher Education Representative (CASE) Members in Attendance (via conference call) Dr. Maria Farrell, School District Staff Representative (CASE) Jill Hrinda-Patten, Parent Advocate Representative (Mission Empower) Debbie Leggens, Parent Advocate Representative (The ARC of Westmoreland County) Kay Lipsitz, Parent Education Network (PEN) Trish Luberda, Autism Community Representative Dennis McAndrews, Esquire, Parent Attorney Edward Titterton, Esquire, ODR Counsel ODR Representatives Dixie Trinen, Dispute Resolution Coordinator Cathy Skidmore, ODR Hearing Officer Heather Strausbaugh, ODR Assistant Cindy Judy, ODR Legal Assistant Kerry Smith, ODR Director (not in attendance) Members not in Attendance Cecelia Yauger, Intermediate Unit Representative (PAIU) Minutes The September 13, 2012 Stakeholder Council (SC) meeting minutes were adopted as written and will be published on the ODR website both in English and Spanish. Welcome and Introductions Janice Estabrook is the new SC gifted community representative. Ms. Estabrook is the Gifted Educational Coordinator at the Lancaster-Lebanon Intermediate Unit 13. ODR Office Updates Dixie Trinen advised ODR’s revamped website has launched. The website provides updated content for parents with the inclusion of the Parent Guide; a due process hearing video series; and hearing officers’ biographies. SC Members provided positive feedback on the website.
Kerry Smith has been providing a Hot Topics in Due Process presentation to a variety of constituency groups. SC requested this presentation at an upcoming meeting. Evaluation Conciliation Conference (ECC) Update Cathy Skidmore provided an update on ECC. Pilot launched in August 2012 and has had a great deal of inquiries. ECC has been publicized via presentations; a fact sheet; FAQs; hearing officers’ initial letter to parties after a due process has been requested; and an email to special education directors, attorneys and parent training and information centers. Council suggested publicizing target specific groups such as school boards, principals, administration groups, and the state task force; create a pamphlet for distribution at conferences/trainings; and the ECC Consultant should contact the parties 2-3 weeks prior to a scheduled due process hearing to remind parties of the ECC option. Council also suggested ODR staff should have face-time during conferences/trainings. Ms. Trinen asked if SC members would forward agendas to conferences, ODR would be willing to present to groups. Two areas of concern were pendency and attorneys’ fees. The ECC FAQs will be revised to address these concerns. Feedback has been positive due to flexible scheduling with conference calls and no timelines. Constituents have expressed some concerns regarding delay tactics, confidentiality between the consultant and other hearing officers and the difference between ECC and mediation. Various Dispute Resolution Issues A SC member asked if it was ODR’s policy to assign the same mediator/facilitator for repeated cases. Ms. Trinen advised if both parties are in agreement to use the same mediator/facilitator, ODR will assign the same person who handled the previous case (depending on availability). If one party disapproves using the same mediator/facilitator, then a different individual will be assigned. A SC member expressed concern over what “change in placement” specifically encompasses. The consensus of the group agreed that the term can be used loosely to reflect either a location change or a program change. Miscellaneous Issues At the request of a SC member, PaTTAN is developing a special education timeline document.
The meeting concluded at 11:31am. The next quarterly meeting of the Stakeholder Council will be held on Thursday, March 14, 2013.
