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ERIC Number: ED501695
Record Type: Non-Journal
Publication Date: 2008-May
Pages: 18
Abstractor: ERIC
Reference Count: N/A
ISBN: N/A
ISSN: N/A
Optional IDEA Alternative Dispute Resolution. inForum
Henderson, Kelly
Consortium for Appropriate Dispute Resolution in Special Education (CADRE)
Though most interactions between parents and school personnel about students with disabilities are positive and productive, disagreements can arise. Disputes may range in intensity from minor miscommunications to significant conflicts that trigger the use of procedural safeguards available under federal law. The Individuals with Disabilities Education Act (IDEA) provides for several distinct dispute resolution processes including mediation, filing of a due process complaint, which may lead to a resolution meeting and/or an impartial due process hearing, and civil action [P.L. 108-446 Section 615(e)(i)]. Some states and localities voluntarily choose to adopt alternative mechanisms for resolving disagreements over the provision of special education services. This In-Depth Policy Analysis summarizes results from a national survey of states' use of non-IDEA required alternative dispute resolution (ADR) processes and findings of an in-depth case review of those processes in eight states. The ten processes studied are: (1) conflict resolution skills training; (2) stakeholder management or oversight council; (3) parent-to-parent assistance; (4) dispute resolution case managers; (5) telephone intermediary; (6) IEP facilitation; (7) non-IDEA mediation; (8) third-party opinion or consultation processes; (9) early complaint resolution; and (10) resolution-meeting facilitation. Each of these processes is defined and findings are described under each process. Factors that impact the use of these processes are examined and conclusions are drawn. (Contains 2 footnotes.)
Consortium for Appropriate Dispute Resolution in Special Education (CADRE). P.O. Box 51360, Eugene, OR 97405-0906. Tel: 541-686-5060; Web site: http://www.directionservice.org/cadre
Publication Type: Reports - Research
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: Office of Special Education Programs (ED/OSERS)
Authoring Institution: National Association of State Directors of Special Education (NASDE), Project Forum; Consortium for Appropriate Dispute Resolution in Special Education (CADRE)
Identifiers - Location: Connecticut; Iowa; Minnesota; North Dakota; Oregon; Pennsylvania; Virginia; Wisconsin
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act