Program Requirement Document _Dispute Resolut.docx

Program Requirement Document (PRD) Special Education Dispute Resolution Services

Introduction

The Georgia Department of Education (GaDOE) seeks to establish a pool of qualified contractors to provide professional services in one or more of the categories identified below.

The intent of this public notice is to establish a pool of qualified suppliers eligible to participate in future contracting opportunities issued by GaDOE. Only suppliers whose submission meets the requirements and are determined by GaDOE to be qualified will be eligible for inclusion in the pool. Suppliers interested in participating in the program should send an email with a resume and/or provide a capability statement and any supporting documentation.

Email Subject: Public Notice Event ID: PE-41400-NWA-2027-000000007 (Special Education Dispute Resolution Services), Submission email address: IDEADisputeResolution@doe.k12.ga.us .

Program Requirements

GaDOE seeks professional services in one or more of the following categories:

Special Education Complaint Investigation Services: Provide complaint investigation services in accordance with the requirements of the Individuals with Disabilities Education Act (IDEA), 34 C.F.R. § 300.153.

Special Education Mediation Services: Provide mediation services in accordance with the requirements of IDEA, 34 C.F.R. § 300.506.

Facilitated Individualized Education Program (IEP) Services: Provide facilitated IEP services to local educational agencies (LEAs) upon request.

Overview for Complaint Investigation Services

The Georgia Department of Education (GaDOE) is seeking qualified professional service providers to perform complaint investigation services and prepare complaint investigation reports to support the State's compliance with the Individuals with Disabilities Education Act (IDEA), specifically the requirements set forth in 34 C.F.R. § 300.153. These services will assist GaDOE in investigating special education complaints and preparing written reports in accordance with applicable federal laws and regulations.

The Georgia Department of Education (GaDOE) receives federal funds from the U. S. Department of Education to support the implementation of programs and supports for students with disabilities. The IDEA Act includes a requirement where complaints can be submitted to the state and reviewed. A formal complaint is a written signed complaint alleging the violation of the IDEA Any organization or individual may file a signed written complaint.

The complaint must include:

1. A statement that a public agency has violated a requirement of the IDEA; and the facts on which the statement is based.

2. In addition, suggested resolutions to the problem are requested.

3. The violation must have occurred within one calendar year of receipt of the complaint.

4. The rules for formal complaints can be found in the IDEA at 34 C.F.R. §§ 300.152-300.153 and in the Georgia Board of Education Rules at 160-4-7-.12 Dispute Resolution.

5. Complaint investigators are non-GaDOE employees and non-school district employees.

6. The successful Offeror will serve as the formal complaint investigator to provide investigation services, mediation services, and IEP Team Facilitation services.

The successful offeror (contractor) will provide complaint investigation services as follows:

7. Upon receipt of a signed, written complaint regarding allegations of violations from an individual or organization, the Georgia Department of Education (GaDOE) will give notice to the Contractor of the complaint and provide the Contractor all pertinent information regarding the alleged violations.

8. Within two (2) business days of receiving a complaint investigation assignment, the Contractor must contact all parties and identify himself or herself as the investigator. The Contractor must conduct the investigation within thirty (30) days of notification, unless otherwise agreed to by the parties and the GaDOE.

9. The Contractor agrees to recuse himself or herself from investigating the complaint in the event that the Contractor has any appearance of, potential or actual conflict of interest with either of the parties to the investigation or in the event that the Contractor has any financial, business, or personal relationship with any of the parties.

10. The Contractor will immediately notify the GaDOE in the event of such circumstances and the GaDOE will assign an alternate investigator. The GaDOE reserves the right to remove Contractor from an investigation if it determines that Contractor has an appearance of, potential or actual conflict of interest.

11. If any party to the investigation requests an alternate investigator, the Contractor will immediately notify the GaDOE in the event of such circumstances and subject to availability, the GaDOE will assign an alternate investigator.

12. The Contractor shall conduct an impartial investigation establishing relevant facts, timeline information, and application of the facts to the applicable law. Information that is exchanged or received during the investigation shall be kept confidential by the Contractor. The Contractor shall protect all electronic data relevant to this contract with appropriate safeguards that are consistent with current industry standards.

13. For each investigation conducted, the Contractor must submit a written report of facts and findings to the GaDOE within thirty-five (35) days of complaint initiation.

14. The Contractor shall ensure that all services provided under this Contract are performed in accordance with all applicable laws, rules, and regulations governing complaint investigation in the State of Georgia, as well as accepted practices in complaint investigation, in addition to state and federal laws, rules, and regulations regarding the issues being investigated.

15. The Contractor agrees to participate in one (1) day of training located at the Georgia Department of Education or through other arrangements such as an online meeting.

16. The Contractor agrees to participate in quarterly professional development provided by or on behalf of the Georgia Department of Education through telephonic or virtual meetings.

17. Once Contractor is assigned a complaint investigation, any and all conflicts of interest that Contractor may have must be disclosed to the GaDOE in writing immediately and in no event later than two (2) business days of Contractor’s discovery of the conflict. Such notice shall be sent to the attention of the Deputy Superintendent of Federal Programs, Georgia Department of Education, 1562 Twin Towers East, 205 Jesse Hill Jr. Drive, Atlanta, Georgia 30334.

Complaint Investigator -Minimum Qualifications:

Applications will be accepted from individuals who:

· Hold a bachelor’s degree or higher from an accredited college or university;

· Have demonstrated knowledge of IDEA regulations and Georgia special education rules;

· Have a minimum of two years’ experience with special education dispute resolution;

· Have a minimum of five years of administrative special education experience or legal practice in special education; and

· Have documented leadership skills as well as strong verbal and written communication skills Applications will not be accepted from individuals who are employees of GaDOE or local educational agencies.

Preferred Qualifications:

· Georgia professional educator certification in special education;

· Doctoral degree in education or law;

· Experience working with diverse cultures and backgrounds

Complaint Investigator -Payment of Services

This contract is subject to budgetary industry within the cost ranges listed. Proposed cost should be included on the cost worksheet.

· $1,100 per assigned complaint

· Travel and related subsistence expenses which are directly related to the Contractor’s provision of services under this Contract. The travel and subsistence expenses must be in accordance with the State of Georgia Travel Regulations.

Complaint Investigator - Report Assistant

· Rate: $45.00 per hour

· Provide administrative support services related to complaint report processing, including assisting with documentation, organization, data entry, record maintenance, and other administrative tasks necessary to support complaint-related activities.

Travel and related subsistence expenses which are directly related to the Contractor’s provision of services under this Contract. The travel and subsistence expenses must be in accordance with the State of Georgia Travel Regulations.

Overview for Facilitation Individualized Education Program (IEP) Services The Georgia Department of Education (GaDOE) receives federal funds from the U.S. Department of Education to support the implementation of programs and supports for students with disabilities. Facilitated IEP services are available to local education agencies (LEA) and parents of students with disabilities during the IEP process.

The successful offeror (contractor) will provide IEP Team meeting facilitation services as follows:

Services of the Contractor include, but are not limited to, helping members of the IEP Team focus on developing a satisfactory IEP for a student; planning and designing the IEP Team meeting process in partnership with IEP Team members; setting a positive and welcoming tone for the IEP Team meeting; clarifying the purpose of the IEP Team meeting, the ground rules, the desired outcomes, the process to be used, and the roles of each person; focusing the IEP Team meeting discussion on the student; drawing out opinions and encouraging full participation from all IEP Team members; monitoring the pace of the IEP Team meeting; maintaining neutrality; encouraging and directing communication specific to the student’s IEP; and assuring that the members of the IEP Team are empowered in the participation and invested in the IEP.

There is no minimum or maximum number of assigned meetings per Contractor each year.

1. Contractor agrees that the GaDOE will assign him or her IEP Team meetings based on the location of the meeting and experience related to the issues. Any conflict of interest will be considered in making the IEP facilitation assignment.

2. Contractor agrees to recuse himself or herself from facilitating an IEP Team meeting in the event that the Contractor has any potential or actual conflict of interest with any members of the IEP Team or in the event that the Contractor has any financial, business, or personal relationship with any member of the IEP Team. Contractor will immediately notify the GaDOE within one (1) business day in the event of such circumstances. The GaDOE will assign an alternate facilitator.

3. For each facilitated IEP Team meeting conducted, Contractor must submit a written report of the outcome of the facilitation to the GaDOE within ten (10) calendar days of completion of the facilitated IEP Team meeting. The report must include the major issues involved in the IEP Team meeting; whether consensus was reached on all, some, or none of the major issues; the duration of the facilitated IEP Team meeting; and any other pertinent details.

4. Contractor agrees to participate in any training arranged or provided by the GaDOE at a location in the state of Georgia or through other means of communication, such as an online meeting.

5. Contractor agrees that for a period of six (6) months after the expiration or termination of this Contract, Contractor will not engage, directly or indirectly, in the same or similar Services as those that were performed for the GaDOE during the six (6) months immediately preceding the expiration or termination of the Contract. This prohibition is limited to the school districts in which Contractor actually performed Services in the six (6) months preceding the expiration or termination of the Contract.

6. Contractor agrees that s/he will not perform substantially similar work to the Services that will be provided pursuant to this Contract outside of the parameters of this Contract during the contractual period.

7. Any equipment, supplies, or materials used in the performance of this Contract, which are not explicitly required under this Contract to be provided by the GaDOE, shall be at the expense of the Contractor.

Facilitator IEP Minimum Qualifications:

The GaDOE, Divisions for Special Education Services and Supports (DSESS) desire to contract with mediators who have knowledge of special education regulations and dispute resolution skills in order to lead the parties, parents and local school districts, to an amenable resolution of the dispute. Suppliers are limited to those based in the State of Georgia due to potential prohibitive travel reimbursement costs.

Suppliers must meet the following minimum requirements:

· Must be a registered mediator with the Georgia Office of Dispute Resolution;

· Must have experience with government and/or education disputes;

· Must have a minimum of two years of mediation experience;

· Must have a minimum of one year special education mediation experience OR at least forty (40) hours of experience or training in special education.

Facilitated IEP- Payment for Services

· $650.00 per assigned Facilitated IEP

· Travel and related subsistence expenses are directly related to the Contractor’s provision of services under this Contract. The travel and subsistence expenses must be in accordance with the State of Georgia Travel Regulations.

Overview for Mediation Services

The Georgia Department of Education (GaDOE) receives federal funds from the U. S. Department of Education to support the implementation of programs and supports for students with disabilities. Mediation services are available to local education agencies (LEA) and parents of students with disabilities during the IEP process.

The successful offeror (contractor) will provide mediation services as follows:

1. Upon mediation request by parents, local school systems, the State Board, or the GaDOE, the GaDOE will give notice of the mediation request and provide the Contractor all pertinent information regarding the dispute. Notice of mediation requests will be assigned to Contractors on a rotational basis.

2. Within two (2) business days of receiving a mediation request, the Contractor must contact all parties involved in the dispute in an attempt to schedule the mediation as soon as possible. The Contractor agrees to schedule all aspects for each mediation, including contacting all parties involved and providing/locating a neutral location in which to hold the mediation.

3. Contractor must conduct the mediation within fifteen (15) days of notification, unless otherwise agreed to by the parties.

4. The Contractor agrees to recuse himself or herself from mediating any dispute in the event that the Contractor has any potential or actual conflict of interest with either of the parties to the mediation or in the event that the Contractor has any financial, business, or personal relationship with any of the mediating parties. The Contractor will immediately notify the GaDOE in the event of such circumstances and the GaDOE will assign an alternate mediator.

5. If any party to the mediation requests an alternate mediator, the Contractor will immediately notify the GaDOE in the event of such circumstances and, subject to availability, the GaDOE will assign an alternate mediator.

6. The Contractor shall facilitate discussion between the parties, help define the issues, propose options for resolution, facilitate compromise, and lead the parties to a resolution. Discussions that occur during the mediation process shall be kept confidential by the Contractor. The mediation shall continue until agreement is reached between the parties or a point is reached at which it is clear to a reasonable person that the parties will not be able to come to an agreement or the issue becomes moot.

7. The Contractor shall assist the parties involved to develop a written mediation agreement (when agreement is reached). Such agreement must be signed and duly executed by all parties.

8. The Contractor shall provide information to parties on enforcement of a written mediation agreement when agreement is reached.

9. A written report of the mediation session must be submitted to the GaDOE, along with request for payment, within thirty (30) days of the conclusion of mediation sessions or within thirty (30) days of a party withdrawing from mediation. If a mediation was conducted, the report must include in broad terms the issues involved in mediation and whether or not agreement was reached or a statement that agreement could not be reached, duration of mediation, and any other pertinent information. If a mediation was not conducted, the report must document the time the Contractor spent trying to schedule the mediation.

10. The Contractor shall ensure that all services provided are performed in accordance with all applicable laws, rules, and regulations governing mediation in the State of Georgia, including Georgia Supreme Court Alternative Dispute Resolution Rules and Guidelines as well as accepted practices in mediation, in addition to any applicable state and federal laws, rules, and regulations.

11. The Contractor shall maintain registration in general mediation with the Georgia Office of Dispute Resolution.

12. The Contractor agrees to participate in one (1) day of training located at the Georgia Department of Education or through other arrangements such as an online meeting.

13. The Contractor agrees to participate in quarterly professional development provided by or on behalf of the Georgia Department of Education through telephonic or virtual meetings.

Mediator Minimum Qualifications:

Responses will be accepted from individuals who:

· Have current registration with the Georgia Office of Dispute Resolution as a mediator;

· Have experience with government and/or education disputes;

· Have a minimum of two years of mediation experience;

· Have a minimum of one-year special education experience OR at least forty (40) hours of experience or training in special education

· Preferred Qualifications:

· Georgia professional educator certification in special education;

· Professional degree in education or law;

· Experience working with diverse cultures and backgrounds.

· Applications will not be accepted from individuals who are employees of GaDOE or local education agencies.

Mediator- Payment of Services:

· $650.00 per assigned mediation

· Travel and related subsistence expenses which are directly related to the Contractor’s provision of services under this Contract. The travel and subsistence expenses must be in accordance with the State of Georgia Travel Regulations.

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