Family & Community Special Communities
Special Education Appeals

SpedEx

SpedEx is: a dispute resolution pilot project that will be available in certain cases after an IEP has been rejected or a hearing request has been filed. It (a) is designed to assure that a child receives a free appropriate public education (FAPE) in the least restrictive environment (LRE); (b) is voluntary and will build trust between parents and schools; (c) is expedient; (d) provides a jointly agreed-upon independent SpedEx consultant to review evidence and advise the parties on FAPE and LRE so they may resolve their dispute. The consultant is chosen from a list maintained by the Spedex Administrator and available for review on the website of the BSEA and the Special Education section of the Department of Elementary and Secondary Education (ESE). The list of consultants is here: SpedExbios

The independent SpedEx consultant can assist parties to determine the program the child needs to assure a FAPE in the LRE. The parties are not bound by the consultant's report and recommendation. If the parties agree to the SpedEx recommendation, the dispute is considered resolved. Upon agreement the child is placed in the program recommended by the consultant and the SpedEx consultant observes the child in the program to assure that FAPE is being provided in the LRE. If the parties do not agree with the SpedEx recommendation, the parties may pursue their due process rights.

Key features:

• Use of an independent, neutral, educational SpedEx consultant jointly agreed-upon by family and school whose fee will be paid by the ESE

• Placement of students by agreement within 30 days with post-placement observation by SpedEx consultant

• Decisions made through joint school-family knowledge and cooperation

• ESE has solicited and selected an administrator of the SpedEx Program, Dr. David Scanlon, Associate Professor of Special Education at Boston College. Professor Scanlon will set up a database to administer the program, maintain schedules, contract with the SpedEx consultants, conduct satisfaction surveys, and develop data to assess the efficacy of the pilot project.

The following questions are designed to assist in determining whether SpedEx may be appropriate for your circumstances. If your answer to either of these questions is "yes," the next step would be to propose the possibility of using SpedEx to the other party (either the school or the parent.) If both parties are interested in pursuing the possibility, then contact Dr. David Scanlon, SpedEx Administrator, at david.scanlon@bc.edu

Are the school district and the parent:

1. Disputing whether the district's proposed IEP offers a FAPE in the LRE?
2. Disputing what services the child needs in order to receive a FAPE in the LRE?

This is a three year pilot project, with limited funding (eight cases) for each fiscal year. Requests for this option after an IEP has been rejected or a hearing request has been filed will generally be accepted on a first-come, first-served basis. Dr. Scanlon reserves the right to reject applications that are not consistent with the pilot objectives.

Typical SpedEx Timeline

After an IEP has been rejected...

1. Inquire to the SpedEx administrator as to whether the case may be appropriate for SpedEx
2. Ask the other party (parent or school) to agree to engage the SpedEx dispute resolution process
3. Parties jointly select 1-3 SpedEx consultants, in order of preference, they will agree to review the case. (First choice may not always be available.) Notify the SpedEx administrator.
4. SpedEx administrator contracts with one consultant to review the case. Parties are notified.
5. School administrator facilitates permissions for consultant to enter school facilities, access student records, observe, and interview appropriate school staff.
6. Consultant then has approximately 30 days to interview parties, which may include the child, observe, review relevant documents, and prepare a report advising the parties on FAPE and LRE to resolve their dispute.
7. Following delivery of the report to the parties by the SpedEx administrator, parties agree to adopt the consultant's recommendations and then sign an IEP reflecting their agreement (suggested: agreement decision made within 10 days), with placement of the child within 30 days. If they reject the consultant's recommendations they may pursue their due process rights.
8. Regardless of the parties' decision, the SpedEx consultant's report becomes part of the child's permanent record.
9. If the SpedEx consultant's recommendations are adopted, the consultant makes a follow-up observation within 30 days of placement.
10. At the conclusion of the SpedEx process, the SpedEx administrator contacts both parties to solicit their opinions on the SpedEx process.

You may consult the SpedEx administrator at any stage of the process.

Please direct any questions to: Dr. David Scanlon at david.scanlon@bc.edu

SpedEx Consultants: Applications for inclusion on the list of SpedEx consultants will be accepted throughout the life of the pilot project (i.e., three years). Persons who may wish to be included on the list of SpedEx consultants must have at least a Master's Degree and three years experience in their field of expertise. In addition, a SpedEx consultant must (a) hold the appropriate license or certification in their area of expertise; (b) should possess an understanding of the legal basis of FAPE - a free appropriate public education - and LRE - least restrictive environment; (c) be prepared to review and recommend programs that meet the needs of the student, that is, provide FAPE in the LRE; (d) be able to maintain strict neutrality and work expeditiously to gather necessary information from all parties; (e) seek to promote dispute resolution through cooperation and trust between schools and parents; and (f) be willing and able to follow up agreements with an on-site visit to the child in the agreed-upon program. Additional information may be found at the Commonwealth's contract solicitation site, www.comm-pass.com, key word "bsea".