NASET Q & A Corner
Questions and Answers on Facilitated IEP Meetings
What is a facilitated IEP Team Meeting?
IEP meeting facilitation is quickly becoming the most recognized strategy for improving the effectiveness and efficiency of IEP meetings. The purpose of the facilitation process is to develop and sustain collaborative relationships between team members and to preserve and maintain a productive relationship between families and schools (Conflict Resolution Program, 2011). A facilitated IEP meeting is an IEP meeting that includes an impartial facilitator who promotes effective communication and assists an IEP team in developing an acceptable IEP. The facilitator keeps the team focused on the proper development of the IEP while addressing conflicts that arise (Minnesota Special Education Mediation Service, 2011).
In 2005, President Bush’s Commission on Excellence in Special Education recommended using skilled facilitators to guide IEP meetings in a situation where parties are having difficulty reaching agreement so that the process can result in win-win solutions for the child (New Mexico Public Education Department, Special Education Bureau, 2006).
The use of externally facilitated IEP meetings is growing nationally. When relationships between parents and schools are strained, facilitated meetings may be beneficial (The Consortium for Appropriate Dispute Resolution in Special Education, 2011). Using a trained facilitator has been found to be an effective means to keep IEP teams focused on the development of the educational program for the student while addressing some of the conflicts and disagreements that may arise from inadequate communication. The facilitator will utilize skills that create an environment in which the IEP team members; school personnel and parents can listen to each other and work together in developing high quality education programs for students suspected of, or identified as having disabilities (Division of Special Education/Early Intervention Services, Maryland State Department of Education, 2007).
Is IEP facilitation mentioned in IDEIA?
No. IEP facilitation is not mentioned in IDEIA and is not one of the dispute resolution options described in the law’s procedural safeguards. Since IDEIA does not address IEP facilitation, there is no requirement for school systems to provide an impartial facilitator for IEP team meetings (The Consortium for Appropriate Dispute Resolution in Special Education, 2011).
Who can request an IEP meeting be facilitated?
A facilitator may be requested by the parent or the school. However, both parties must agree to use this voluntary process. (Division of Special Education/Early Intervention Services, Maryland State Department of Education, 2007).
Who does the IEP facilitator serve?
The role of an IEP Facilitator is to ensure that the IEP Team does their best thinking, interacts respectfully, the perspectives of all participants are heard, and the IEP team focuses on future action. Thus, an IEP Facilitator serves the whole group rather than an individual, and assists the group with the process of the IEP meeting rather than the content of the IEP. The agenda for a facilitated IEP meeting is the IEP process, and the focus of the meeting is the student and his or her needs (New Mexico Public Education Department, Special Education Bureau, 2006).
Is the facilitator a decision maker at the IEP meeting?
No. The role of the facilitator is to facilitate communication among the IEP team members and assist them to develop an effective IEP for the student. The facilitator models effective communication skills and offers ways to address and resolve conflicts in the development of the IEP. Facilitators are trained in effective communication and ways to address and resolve conflicts. The members of the IEP team are the decision makers (The Consortium for Appropriate Dispute Resolution in Special Education, 2011).
What is the difference between an internal facilitator and an external facilitator?
When a member of the IEP team facilitates the meeting (or in some instances, students may lead their own IEP meetings), this is an example of an internal facilitator. When IEP teams reach an impasse or meetings are expected to be contentious, an independent (external) facilitator, who is not affiliated with the team or school district, may help guide the process. The external facilitator keeps members of the IEP team focused on the development of the IEP and will foster effective communication in order to complete the development of a high quality IEP (National Dissemination Center for Children with Disabilities, 2010).
How does facilitation differ from mediation under IDEIA?
IEP facilitation should not be confused with mediation. Mediation may be used to deal with a broader range of issues in special education than in an IEP meeting. Mediation is typically used when there is a significant disagreement that the parties are otherwise unable to resolve. A trained impartial mediator brings the parties together to work with each other to resolve a variety of disagreements, often including those unrelated to the student’s IEP (Division of Special Education/Early Intervention Services, Maryland State Department of Education, 2007).
While facilitated IEP team meetings are emerging as a means to avoid conflicts and/or to resolve conflicts prior to requesting mediation or filing a due process complaint, it is not required under the IDEA. States or local school systems are not required to offer the service. Some other differences between IEP facilitation and mediation under IDEA are the following:
- The facilitation occurs at a regular IEP team meeting
- The IEP meeting is generally run by the school system in the same manner as an IEP meeting that is not being facilitated
- There is no written agreement other than a written Individualized Education Program for the student and the prior notice requirement of the IDEA.
The purpose of a facilitated IEP meeting is to develop an acceptable IEP and involves the required IEP team members, in addition to the facilitator. Mediation also differs from IEP facilitation in that it involves a smaller, balanced number of participants and may deal with a broader range of issues unrelated to the IEP (Minnesota Special Education Mediation Service, 2011).
What are the benefits of an IEP facilitator?
Facilitators are individuals with a background in special education who have experience and training in IEP development, special education law, and facilitation methods. The facilitator is neither an attorney nor a decision-maker but models effective communication skills and offers ways to address and resolve issues related to the IEP development. They are impartial and do not represent the parent, the school district or the state.
The facilitator can be expected to:
- Assist the team in establishing an agenda
- Guide the discussion and keep the focus on the student
- Make sure everyone has a chance to speak and be heard
- Help resolve disagreements
- Use communication skills to help parents and school personnel to work together to make decisions about the program
- Help team members develop and ask clarifying questions about issues that may have occurred in the past
- Help to keep the team on task and within the time allotted for the meeting
- Remain impartial, not take sides, place blame, impose a decision on the group, nor offer an opinion on the appropriateness of a decision (Division of Special Education/Early Intervention Services, Maryland State Department of Education, 2007).
The IEP facilitator can help support the full participation of all parties. The facilitator does not impose a decision on the group; the facilitator clarifies points of agreement and disagreement and can model effective communication and listening for the IEP team members. When disagreements arise, the facilitator can help encourage the members to identify new options. Most importantly, the impartial facilitator ensures that the meeting remains focused on the child.
Key strengths of using a facilitator include:
- A facilitated IEP meeting can resolve concerns at the lowest level possible; no state involvement or need to go to a formal complaint.
- Unlike mediation, a FIEP meeting does not require a separate IEP meeting to formalize the agreements that are reached.
- The challenges of communication during an IEP meeting where parties are encountering continued difficulty may best be handled by an impartial facilitator not affiliated with the school or family—that is, someone who has no past experience with the group members and will not have any continued relationship with those members.
- The facilitator enables the IEP team to build and improve strong relationships among its individual members, problem solve as a group, reach true consensus, focus on the student’s needs, and experience an efficient and productive meeting where effective communication skills are practiced.
- The presence of an IEP Facilitator eliminates the need to have someone at the table of having to play the dual role of participant and facilitator
A facilitator provides expert guidance through the implementation of a compliant IEP meeting while focusing attention on the process of the meeting. An IEP meeting facilitator can not only help a team resolve differences more immediately but where they originate. The role of the facilitator is to assist team members in communicating effectively in order to reach decisions that are in the best interest of the student. The facilitator is not a member of the IEP team or an advocate for any person on the team. His/her responsibility is to the whole team rather than an individual. He/she will not offer advice, suggestions, solutions, or legal interpretation (Conflict Resolution Program, 2011).
Other benefits of IEP facilitation include:
- To plan and design the meeting process, in partnership with the parties.
- To set a positive and welcoming tone for the meeting.
- To clarify the purpose of the meeting, the ground rules, the desired outcomes, the process to be used, and the roles of each person.
- To keep the discussion focused on the child.
- To draw out opinions and encourage full participation from all IEP team members.
- To monitor the pace of the meeting.
- To maintain neutrality, reflecting content and process back to the group (North Carolina Department of Public Instruction, 2011).
When should parents NOT use IEP facilitation as a method of dispute resolution?
If parents find themselves doing any of the following, then it is time to consider whether IEP facilitation is really a worthwhile option:
- Spending more time putting out fires than working on activities that promote student achievement and success
- Sensing that the discussions and/or interactions at IEP meetings are creating an acrimonious climate that might lead to a formal complaint
- Attending multiple IEP meetings for the same student to address persistent issues with little or no resolution or a completed quality plan
The facilitated IEP process is designed to work best when the dispute is child or situation specific. If parents find that they are facing a dispute that raises systemic concerns or a situation where the parties do not appear to be solution oriented, then this process is most likely not a viable option (New Mexico Public Education Department, Special Education Bureau, 2006).
Is procedural notice to parents required for a facilitated IEP meeting?
Yes, as in any IEP meeting, the notification procedures found in the Individuals with Disabilities Education Act apply. Districts must give parents proper notice including the place and time where the meeting will occur, who will attend, and the purpose of the meeting. Beginning when the student is age 14, or younger, the notice should reflect that the meeting will include the development of a transition plan. Parents and the school district may bring an advocate or other people who have knowledge or special expertise regarding the child to the meeting (The Consortium for Appropriate Dispute Resolution in Special Education, 2011).
How do parents request a facilitated IEP meeting?
While access to IEP facilitators is increasing, not all states or districts make IEP facilitation available to parents and educators. Parents interested in having an externally facilitated IEP meeting should begin by contacting their school district to explore their options and inquire about availability. Parents can also contact their state education agency or parent center for information about the availability and use of IEP meeting facilitators (The Consortium for Appropriate Dispute Resolution in Special Education, 2011).
How long does the facilitated IEP meeting take?
A facilitated IEP meeting may take longer than a standard IEP meeting, but typically does not exceed four hours. A facilitated IEP meeting can always be reconvened if consensus on the IEP is not reached at the first meeting.
Where and when is a facilitated IEP meeting held?
Similar to any IEP meeting, a facilitated IEP meeting is scheduled by the district and is held at a time and place mutually agreed to by the parent and school. The district must give proper notice to the parent including the purpose, the time, and the place where the meeting will occur, and who will attend. Just as in any IEP meeting, parents can bring an advocate or other people at their discretion (Minnesota Special Education Mediation Service, 2011).
Who is required to attend a facilitated IEP meeting?
The required members of the IEP team (LEA representative, general education teacher, special education teacher/provider, and parent) must attend the meeting unless the LEA and parent have agreed in writing to excuse one or more members. The LEA must follow the federal regulation regarding excusals. It is recommended that all the required members attend a Facilitated IEP Team meeting in order to resolve the concerns and/or issues.
Both parties have the right to invite others to the meeting who have special expertise and/or knowledge about the child. The child should attend when it is appropriate. The child (age 14 and over) must be invited when transition is discussed. Signatures on the IEP and other forms indicate the member was in attendance and participated in the development of the IEP. If a member is not in attendance then he/she must not sign any form(s).
IEP meetings, including facilitated meetings, should not be adversarial and it is strongly recommended by many states that both parties refrain from inviting attorneys. If one party plans to invite an attorney to the meeting then he or she must inform the other party and the facilitator (North Carolina Department of Public Instruction, 2011).
How is the confidentiality of the student and family maintained with the facilitator?
The parent must provide their consent to allow the school to share confidential information about the student with the facilitator. This is required under the Family Education Rights Privacy Act. (Division of Special Education/Early Intervention Services, Maryland State Department of Education, 2007).
Who pays for the facilitator?
IEP facilitation is provided with no cost to parents. One of the objectives in using the facilitated IEP meeting is to reduce costs and avoid more adversarial procedures such as due process hearings (The Consortium for Appropriate Dispute Resolution in Special Education, 2011; Division of Special Education/Early Intervention Services, Maryland State Department of Education, 2007).
Do all school districts have to offer facilitated IEP team meetings?
No. Since IDEIA does not address IEP facilitation, there is no requirement in IDEIA for school systems to provide an impartial facilitator for IEP team meetings. While the use of IEP facilitation has become more popular, facilitators may not be available in all school districts and are not required (The Consortium for Appropriate Dispute Resolution in Special Education, 2011).
What if the facilitated IEP meeting does not result in an acceptable IEP?
Parents have not forfeited their rights to other forms of dispute resolution if the facilitated IEP meeting does not result in an acceptable IEP (The Consortium for Appropriate Dispute Resolution in Special Education, 2011).
