(77) Due Process Hearings: Testifying with Confidence

Abstract:
The goal of Due Process Hearings (DPH) is to reach resolution about a dispute, most often a conflict or concern about IDEA compliance. These conflicts lead to unusual stress for those called to testify. In this session, we provide both explanations of, and role plays to demonstrate, examination and cross-examination practices. We describe the impact of stress on reasoning and responsiveness, and we suggest strategies that should improve successful testimonies.

Summary
Building on the first session, this session will focus on the act of testifying in a due process hearing. Conflict between the parties is at the heart of a DPH, which can generate significant stress for participants. This stress can have an adverse impact on participants ability represent themselves and the district when testifying.

We plan to describe the stress fact witnesses have reported from their experiences (Bayne, 2018), and emphasize reduced stress as a contributing factor to positive case resolutions. We will emphasize SLP preparation, particularly collaboration with special education directors and school attorneys before testifying, as an important step in reducing stress. We will address connections between SLP confidence in scope of practice knowledge and skills, and confidence in practices consistent with the Code of Ethics as factors in reducing stress. We will define psychological resilience and show the importance of paired confidence and resilience as potential preventative measures in reducing DP complaints and hearings.

By providing participants with additional information about DPH processes, participants can enter a DPH with reduced stress.  Examination and cross-examination will be reviewed and role-played.  As the SLP is part of a district, the importance of collaboration with other professionals will be highlighted, specifically the special education administrator and the district's attorney. Strategies for preparation and testifying will be reviewed and role-played. 

Our presentation style encourages participant engagement with attention to privacy and confidentiality in avoiding sensitive details, with reciprocal and respectful sharing to learn about, with, and from each other, and with respect for communication differences associated with culture and disability.