Dispute Resolution: When parents and school divisions disagree

Answers to Frequently Asked Questions

Appropriate Educational Programming in Manitoba embodies the spirit of human rights legislation and regulations. In order to do so, Manitoba Education, Citizenship and Youth is committed to fostering inclusion for all people. Inclusion is a way of thinking and acting that allows every individual to feel accepted, valued and safe. An inclusive community consciously evolves to meet the changing needs of its members. Through recognition and support, an inclusive community provides meaningful involvement and equal access to the benefits of citizenship. The Public Schools Amendment Act proclaimed in 2005, reflects Manitoba’s commitment to providing a basic element of citizenship which is appropriate programming that supports student participation in both the academic and social life of schools. This right to appropriate educational programming and placement depends upon students, parents and school teams working together. When differences occur, they are typically resolved by those who are closely involved; however some differences require involvement from a more formal process. When a school board makes a decision as a result of a parental appeal, and the parents remain dissatisfied, they have the opportunity to request a review by a Formal Dispute Review Committee appointed by the Minister of Education, Citizenship and Youth.

The following questions are the most frequently asked concerning the Dispute Resolution Process:

1. What is Dispute Resolution?
2. Does the Dispute Resolution Process apply to all children?
3. What if I want to inquire, but I don’t want the school or Division to be contacted?
4. When am I allowed to call?
5. How do you determine if a complaint qualifies for an investigation?
6. What types of issues are reviewed?
7. The Division says that I should try to follow Informal Resolution procedures. What does that mean?
8. What documentation or evidence do I need?
9. If an investigation begins, is the Dispute Review Coordinator my advocate?
10. Once an investigation begins what process is followed?
11. Why do I have to “jump through all of these hoops?”
12. How is a Dispute Review Committee set up?
13. Can I, as a parent, have someone assist me during interviews and during an investigation?
14. Will an investigation be like a court proceeding?
15. My neighbors and our private consultant will want to provide information. Is this allowed?
16. Does a Review Committee enter a school and start making changes immediately?
17. What is an IEP? (Also BIP and ITP)
18. I need a decision in two weeks; can I expect to get this issue resolved in that time?
19. Which Division employees will be interviewed?
20. What responsibilities does the Division have to inform me of my rights in these cases?
21. Does a Division have to follow the decisions and recommendations of the Review Committee?
22. The school is not the problem, there is one teacher who has really caused the problem. Can the Review Committee just review that teacher?
23. The EA doesn’t know how to handle my child. I want to find a new EA who I can work with.

1.    What is Dispute Resolution?

For the purposes of this process it is another level of appeal for a parent of a student with special needs that can be accessed when all the local appeal processes (up to and including an appeal to the Board of Trustees) have been exhausted and there is still disagreement in respect to the student’s programming or placement. The Appropriate Educational Programming Regulation (155/2005, Part 3) (LINK) provides regulations which outline when and how that may happen. These regulations explain the role of the Dispute Review Coordinator, the responsibilities of the School Division and the parents and the processes to be followed in attempting to resolve the dispute. Because they are regulations they are a formal set of rules which must be followed in order to uniformly and reasonably achieve a solution which is in the best interest of the child.

2.    Does the Dispute Resolution Process apply to all children?

No. The Appropriate Educational Programming Regulations apply to children who have been identified as having difficulty meeting expected learning outcomes found in the curriculum and who have an Individual Education Plan to help them meet or approximate the expected learning outcomes.

3.    What if I want to inquire, but I don’t want the school or Division to be contacted?

You may phone for information without mentioning the names of the school or school division. You may receive enough information to return to the school or division and resolve the issue. You may be directed to another official who can assist you. Early clarification and informal resolution are always in the best interest of the child.

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4.    When am I allowed to call?

You may seek information which might help resolve an issue at any time. However before you can access the Formal Dispute Resolution Process, there may be some steps that have to be taken. The Review Coordinator will provide you with guidance regarding the process and may refer you to other supports in Manitoba Education, Citizenship and Youth.

5.    How do you determine if a complaint qualifies for an investigation?

In order to qualify for Formal Dispute Resolution the following requirements, as outlined in the Regulations, must be met:

1. Does the complaint relate to programming or placement?
2. Is the complaint in writing, giving name, address and reasons?
3. Have reasonable attempts been made to resolve the issue with: the principal, the superintendent and the School Board?
4. Is there an IEP in place for the child?
5. Is mediation a possibility? If not, why?

To proceed with a Formal Review it is important that parents have exhausted the local appeal processes, including making a presentation to the Board of Trustees of their division. The appeal should “ask a question” (for example: Will you grant permission for my son to attend School A?”) and the Board must provide an answer.

Not every situation where there are disagreements falls under the role of the Review Committee, for example a suspension or expulsion can only be appealed to the Board of Trustees.

6.    What types of issues are reviewed?

The broad categories for review are placement and programming.

1. Placement: The first and foremost consideration in the placement of all students is the designated catchment school for their residence in a regular classroom with their peers. Planning for the student should begin by the school team, including the parents, considering whether the student’s needs can be met by receiving educational programming, in the home school with same aged peers, in a specialized classroom in the home school, or in a specialized classroom   in a school designated by the school board.  Parents or the division may wish to have the child attend a specialized classroom elsewhere in the division, and in these cases transportation or staffing costs to the division must be considered. Placement decisions require discussion and agreement between the parents and the division administration.
2. Programming: If a pupil is having difficulty meeting the learning outcomes of the curriculum, even when there is a documented plan to differentiate instruction and assessment, and provide appropriate adaptations then a principal, as the educational leader, must ensure that the pupil is referred for specialized assessment. Parents must be contacted to provide consent when a referral for a specialized assessment is made. The specialized assessment will identify alternate strategies to individualize the student’s programming, and the principal must ensure that an individual education plan (IEP) is prepared. The school team, including parents, is involved in the planning, and contributes to the programming goals established for the student. Because these programs are designed for each individual child, they are unique and require communication and co-operation at all levels.  If a dispute arises it is usually best discussed at the school level. Most issues are resolved, with the guidance of the principal, by generating solutions that work for everyone.

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7.     The Division says that I should try to follow Informal Resolution procedures. What does that mean?

Resolving disputes through communication, understanding and compromise generally results in a more meaningful, long-lasting and rewarding solution than imposed decisions from a third party such as a Review Committee. In an informal process it is important that both sides must ask themselves “What can be reasonably achieved in the best interests of the child?” and work toward that goal.  An informal process is sometimes facilitated by a trained mediator, but often the principal or someone else from the division will be the facilitator.

It is important to remember that solutions developed collaboratively are generated by the team as opposed to a solution given by a third party which may leave one or both sides dissatisfied. A successful, informal process of  planning and communication between parents and division officials maintains a focus on the child. MECY developed the document Working Together:  A Guide to Positive Problem Solving for Schools, Families, and Communities which is available at your request or on the MECY website.

8.    What documentation or evidence do I need?

The least that is required is the School Board’s written response to your appeal to them. In addition, any record of conversations, names, dates and telephone numbers would be very helpful. If you have kept a record or diary which outlines the history of your dispute with the school and the division be sure to continue its use. Records, emails and correspondence which display attempts at resolution at the school and division level which would support your request for a Review are valuable.

9.    If an investigation begins, is the Dispute Review Coordinator my advocate?

While the Dispute Review Coordinator’s role supports families of children with special needs in the province, the coordinator is responsible to both the parents and the Division as well as to the Deputy Minister of Education. It is important that the coordinator is neutral, to work toward a reasonable resolution. Once an Investigating Committee is established the coordinator works to support the investigation and decision-making process.

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10.    Once an investigation begins what process is followed?

When the Review Coordinator decides that a Formal Review is in order, the Deputy Minister will establish a review committee of three people. Once the committee is established, both sides of the dispute are notified by letter. They will be informed of the “Essential Question” to be investigated, and supporting documents and witnesses will be requested. Dates, locations and times for interviews will be established. Witnesses, including the parents and the Board’s representatives will be interviewed individually. Witnesses will then be interviewed individually. The Committee may decide to visit the school and classroom in order to obtain a “first-hand” sense of the child’s learning environment. When the Committee has read all documents and interviewed those it feels are needed, the members will meet to review all evidence and make a decision based on the evidence. Then the decision will be written in a report to both sides which also makes recommendations to both sides.

11.     Why do I have to “jump through all of these hoops?”

It is important that the rights of both sides be supported. Schools and divisions have classroom teachers, resource teachers, clinicians and others whose job it is to provide an appropriate education for all children. They must be given the opportunity to hear your concerns and address them. Consequently, the Review Coordinator must be assured that parents have attempted to resolve concerns by working with the professionals involved in the day-to-day programming and planning for a student. If at all possible, it is always advisable that adjustments to the IEP or discussions with the school team be done as close to the school level as possible. If that is not successful, it is equally important that the School Board be given the opportunity to direct its employees to assist you in resolving your differences. At the heart of this is the question “Has everyone been given the opportunity to communicate and work together to resolve differences?” By doing so, most issues can be resolved without resorting to Formal Dispute Resolution.

12.     How is a Dispute Review Committee set up?

A group of about eighteen people from all walks of life and areas of the province have been asked by government to participate as members of Investigating Committees. Once a decision is made that there are sufficient reasons to begin an investigation, three people are chosen from the larger list to conduct the investigation. One person is the chairperson and the other two are committee members. It is expected that all three have the skills to make unbiased decisions in complicated situations. One member is expected to have knowledge of educational regulations and their application. The members of each committee receive training in carrying out a review, the Public Schools Act and in particular the Regulations and Standards that guide the education of students with exceptional needs.

13.    Can I, as a parent, have someone assist me during interviews and during an investigation?

Yes. It is expected that you inform the Review Coordinator beforehand and indicate the name and capacity of the individual accompanying you. If you want help but are uncertain about who to ask, there are groups, such as the Manitoba Association of Parent Councils (MAPC) who can help.

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14.    Will an investigation be like a court proceeding?

No. Most investigations will be conducted in private and cordial fashion, between the committee and an individual. Most often, this will occur in an alternate location such as a hotel meeting room.

There is a possibility that a Review Committee will decide to interview all participants in a Formal Hearing where all participants are present in a room at the same time, and questions are asked by the Committee chairperson.

15.     My neighbors and our private consultant will want to provide information. Is this allowed?

The Review Committee will determine who they want to interview, but if you know that certain individuals have evidence which supports your case and you want them to be added to your list of witnesses then you should do so.

16.     Does a Review Committee enter a school and start making changes immediately?

Although a Review Committee may request the opportunity to observe a child in his or her classroom, most other work is done outside of the school setting. The Review Committee will try to create as little disruption as possible. Although a parent may feel that there must be immediate intervention and change, there must be recognition that a school has many staff and resources which are established for all the students and it may take time to implement the changes recommended by the Review Committee. Patient communication will often work in the best interests of the school and the child.

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17.     What is an IEP? (Also BIP and ITP)

When a school team has identified that a student has exceptional learning needs that require student-specific outcomes that are additions to, are different from, or exceed the curricular outcomes, then an individual education planning process should occur. The IEP is the basis for decision-making for students with exceptional learning needs.

Divisions are required to involve parents in the school team, and should assign a case manager and to ensure that written IEPs are developed, revised, implemented, monitored and evaluated at least annually for all students identified as having exceptional learning needs. IEPs may have different purposes and are sometimes referred to as BIPs (Behaviour Intervention Plan) or ITPs (Individual Transition Plan). Parents participate on the IEP team but that should not be misunderstood as having the authority to “approve” the IEP. An IEP is a learning plan that will change as the student’s needs change and in consideration of the teachers planning for the class.

18.     I need a decision in two weeks; can I expect to get this issue resolved in that time?

No, not by following the Formal Dispute path. However, returning to the division willing to communicate and to explore informal options may be the quickest route to resolution.

Formal Dispute Resolution requires involvement of the Coordinator, creation of a Committee, exchanges of documents, training of the Committee, establishing interview dates and times, decision making and report writing. Typically, from start to finish the process takes approximately four months.

19.     Which Division employees will be interviewed?

Both the Division and you may offer names of individuals to be interviewed as witnesses. The Review Committee may decide to include others. In most cases the Superintendent or the Student Services Administrator will be interviewed to speak for the Board.

20.     What responsibilities does the Division have to inform me of my rights in these cases?

Manitoba school divisions must have a process that protects the rights of students and parents and addresses differences of opinion about the education of students.

School divisions should have written procedures for timely, fair and open dispute resolution processes, and they should advise parents of their right to request formal dispute resolution when efforts to resolve the issues locally at the school and division levels have failed.

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21.     Does a Division have to follow the decisions and recommendations of the Review Committee?

If either party questions the decision of the Review Committee, they have the right of appeal to the Deputy Minister. The Deputy Minister may make any decision he or she determines appropriate regarding meeting the pupil’s requirements, placement of the pupil or both. The deputy minister’s decision is final. A follow up visit with the division after the Review will be conducted by the Review Coordinator and a representative of Manitoba Education.

22.     The school is not the problem, there is one teacher who has really caused the problem. Can the Review Committee just review that teacher?

The goal of any review is to examine the Division’s policies and practices and to make recommendations which focus upon how the Division can reasonably accommodate a child’s needs. All individuals have rights which must be respected. If, as part of a review, the employer (the division) gives directions specific to an individual employee these are confidential between the employee and the Division and will not be provided to the parent. The best interests of a child require that the Review Process focus upon building for the future rather than seeking retribution (or punishment) for the past.

23.     The EA doesn’t know how to handle my child. I want to find a new EA who I can work with.

An Educational Assistant is hired by a school division and as such is subject to the hiring and retention policies of that division. In addition, many EAs are members of unions which have contracts with the employers regulating seniority and placement. Also, an EA is assigned to a school and is not assigned to a particular child. Consequently, the EA is under the supervision of the classroom teacher and as such is acting under his or her direction with input from the school’s Resource Teacher and the school’s Principal. Any concerns a parent might have with an EA should be directed to the classroom teacher first and possibly the Resource Teacher later.

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