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The National Center on Dispute Resolution in Special Education

"Encouraging the use of mediation and other collaborative strategies to resolve disagreements about special
education and early intervention programs."

CADRE Resources


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This document does not offer formal policy guidance from the Office of Special Education Programs at the United States Department of Education.

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Ideas that Work, U.S. Office of Special Education Programs
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Process and Practice Information


Capacity Building & Prevention
Perhaps the best and easiest way to manage conflict is to prevent it in the first place. Increasing the capacity of systems and individuals to meaningfully collaborate and problem-solve offers a proactive strategy for conflict management. Here we review leading preventative alternatives.


Sub-Processes:
    Parent & Stakeholder Engagement & Training
Stakeholder training is aimed at equipping stakeholders - parents, educators, service providers, advocates and others - with skills that enhance their capacity to communicate, negotiate and prevent conflict from escalating. A wide variety of topics may be included in the training curriculum and the learning setting can vary from short workshops provided to small groups, to all-day courses provided at state-wide conferences.

Stakeholder Council
A Stakeholder Council advises education system administrators and dispute resolution program managers on the development of policies and procedures that regulate the system. Such councils provide ongoing input from a variety of perspectives to help guide and influence the functioning and improvement of dispute resolution systems. The group typically includes representatives from parent and advocacy organizations, special education administrators, attorneys, and dispute resolution practitioners. In some cases, a stakeholder council is a sub-committee of the state’s special education advisory committee; in other cases it is a free-standing entity.

Collaborative Rulemaking
Collaborative Rulemaking was developed as an effort to build consensus among interested stakeholders regarding state special education regulations and procedures. Sometimes referred to as negotiated rulemaking or regulatory negotiations, it is an alternative to the development of rules in isolation and subsequent solicitation of input through a public process. The purpose of bringing stakeholders together is to improve understanding of diverse perspectives, to identify significant issues of concern, to generate policy options, and to develop consensus on policy recommendations reflective of stakeholder needs. Collaboration fosters creativity, increases credibility, legitimacy and trust, and facilitates the regulatory process.

Practices:
    Conflict Resolution Training
Conflict Resolution Training to promote resolution of special education disputes at the local level is available through the Office for Dispute Resolution. This one-day training uses interactive activities involving relevant special education scenarios to help parents and educational agencies enhance their communication and problem solving skills.

Consensus-Building Group of the Continuous Improvement Focused Monitoring Committee
A series of consensus-building sessions in Wisconsin with a small group of 7 stakeholders appointed by the state superintendent with the aim of trying to reach consensus on realigning Wisconsin special education law (Chapter 115) with IDEA 2004 before the bill moves forward to a public hearing.

Special Education Partnership for the Amicable Resolution of Conflict (SPARC)
SPARC offers training, coaching, and research related to building collaboration between families and schools, particularly in IEP meetings. These programs and services are offered available on an ongoing basis to schools, districts, families and advocates.

Related Articles:
    A Tale of Two Conversations
Guidelines For Conflict Management in Special Education-A Manual From Portland (Oregon) Public Schools
Beyond Mediation: Strategies For Appropriate Early Dispute Resolution In Special Education
The Impact of Parent/Family Involvement on Student Outcomes: An Annotated Bibliography of Research from the Past Decade
Steps to Success: Communicating with Your Child's School
Understanding "Positions" and "Interests"
Why Does Collaboration Work? Linking Positive Psychology and Collaboration
Using Active Listening to Improve Collaboration With Parents
Bringing parent and community engagement back into the education reform spotlight
Establishing a Collaborative School Culture through Comprehensive School Reform
The Power of Family-School Partnering (FSP)
Dimensions of Family and Professional Partnerships: Constructive Guidelines for Collaboration
Building bridges with families: Honoring the mandates of IDEA
Guidelines for Successful Parent Involvement: Working with Parents of Students with Disabilities