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Consortium for Appropriate Dispute Resolution (CADRE)

Dispute Resolution Database Structure and Elements

by Drs. Howard and Judy Schrag

Introduction

The Individuals with Disabilities Education Act includes a number of procedural safeguards designed to protect the rights of parents and their child with a disability, as well as give families and schools a mechanism for resolving disputes. Procedures to handle disputes including complaints, mediation requests and due process hearings have been developed by each state along with policies designed to insure the presence of the safeguards.

With policies and procedures in place, most states developed tracking systems to ensure that alternative dispute resolution procedures were implemented and completed in a timely manner. These tracking systems have been developed and maintained using a variety of media. Many states started with paper files, with most gradually moving toward the use of computer systems to maintain their records.

During 1999, CADRE in cooperation with NASDSE conducted a national screening of the current status of alternative dispute resolution data collection procedures carried out within the states. Following the screening, a more in-depth study of state dispute resolution data collection procedures was conducted within ten states.

In general, the sampled states have developed logging procedures within each formal dispute resolution process to follow the cases through the process. However, none of the ten sampled states had a case management system that integrates or goes across all three formal procedures (i.e., complaints resolution, mediation, and due process). The availability of such information would provide excellent management information for decision-making within the SEAs.

To help facilitate the development of dispute resolution case management database systems, CADRE and NASDSE formed a design team for the purpose of determining the data elements that would best be considered for inclusion in such a database system. Participants from Illinois, Texas, Indiana, Maine, Idaho, and Washington State provided design team input to establish a comprehensive list of data elements and suggestions regarding its structure. The following provides the information developed by the database design team.

Database Structure

It is probably best to think of structuring the dispute resolution system database as a relational database. However, newer software, such as Microsoft’s Access, can also provide object management and utilization -- a feature with nice benefits for dispute resolution systems. Thinking of the database as relational requires that we identify linking variables (in Green) that can be used to structure the database. Older database structures may require placing all of the variables in the same database structure as a single record and, consequently, not need linking variables. It is preferable to move to newer software when possible.

At the present time, some states collect the SSN for their students and keep it in a master file along with additional student information. Because it is a unique number, it works well as a linking variable if most of the students have obtained their SSN. Some states do not collect SSNs; however, they do assign a unique number to the student when they enroll in the public school system. This unique number can also be used to link files.

For states that have neither of the above, linking can be accomplished in at least two other ways. A log of dispute resolution cases can be kept that assigns a unique number to each child entering the dispute resolution system along with identifying information such as gender, address, date of birth, etc. When a new case enters the system, the log can be searched to determine if the child has a previous entry in the log and, consequently, has a unique identifier number already assigned. If so, it can be used. If not, a new one can be assigned and recorded in the log. This approach works well when more than one person, program, or agency enters cases into the database.

A second way of linking students without assigned numbers is to use the DOB and last name as linking variables in the database. This procedure will link almost all students correctly, with the exception of twins or students with the last name who were born on the same day. To prevent this linking problem, the first name can also be used as a link. Using name fields introduces the possibility of keying errors and different versions of the first name. A few well-designed queries can overcome this problem most of the time.

If one reviews the variables listed in the Master Dispute Resolution System Variables (Table 7) below, there are some variables that are related to the case and will most likely not change over the life of the case. Such variables can be placed in the Complainant part of the database (Table 1 below). Once these variables are keyed or loaded into the table, they can be used to form the entire case and some of the variables (in Green) can be used to link to other tables.

Table 1. Variables that most likely will not change and can be placed in the Complainant table in the Database.

Complainant Information

Student’s First Name
Student’s Last Name
Student’s DOB
Student’s SSN, ID#, or Case Number
Students Category
Parent/Guardian Salutation
Parent/Guardian Name
Parent/Guardian Street Address (line 1)
Parent/Guardian Street Address (line 2)
Parent/Guardian City
Parent/Guardian State
Parent/Guardian Zip Code
Parent/Guardian Telephone
Parent/Guardian Fax Number
Complainant Salutation
Complainant Name
Complainant Street Address (line 1)
Complainant Street Address (Line 2)
Complainant City
Complainant State
Complainant Zip Code
Complainant Telephone
Complainant Fax Number
Systemic Dispute Party
District/Agency

Table 2 below contains the variables that some State Education Agencies may be able to obtain by linking to other files or databases to automatically populate and update these variables in the dispute resolution database. In most SEAs, there is an established mailing list of Superintendents, Directors of Special Education, and LEA Representatives that the database can automatically obtain and thus eliminate the need to enter the information.

Table 2. Variables that may be loaded automatically form other software files.

VARIABLE

District/Agency
LEA Representative’s Salutation
LEA Representative’s Name
LEA Representative’s Street Address (line 1)
LEA Representative’s Street Address (line 2)
LEA Representative’s City
LEA Representative’s State
LEA Representative’s Zip Code
LEA Representative’s Telephone
LEA Representative’s Fax Number
LEA Superintendent Salutation
LEA Superintendent’s Name
LEA Superintendent’s Street Address (line 1)
LEA Superintendent’s Street Address (line 2)
LEA Superintendent’s City
LEA Superintendent’s State
LEA Superintendent’s Zip Code
LEA Superintendent’s Telephone
LEA Superintendent’s Fax Number
LEA Sp. Ed. Director ‘s Salutation
LEA Sp. Ed. Director ‘s Name
LEA Sp. Ed. Director ‘s Street Address (line 1)
LEA Sp. Ed. Director’s Street Address (line 2)
LEA Sp. Ed. Director’s City
LEA Sp. Ed. Director’s State
LEA Sp. Ed. Director’s Zip Code

LEA Sp. Ed. Director’s Telephone

LEA Sp. Ed. Director’s Fax Number

Some of the variables identified will be used with all types of disputes, while others will be unique to one or two types of dispute resolution. Tables 3, 4, 5 and 6 below provide a listing of the variables and their use with the various types of dispute resolution. Programmers may want to place the variables that apply to all dispute resolution types in one database table and the variables that are unique to a process in separate tables such as displayed below.

A simpler approach would be to include all of these variables in one database table and use separate forms to enter the three types of dispute resolution information. One could also create one entry form for these variables that is laid out so that entry for each unique dispute process has its own section. SEAs will find that the way they have structured the systems to work will impact who enters the data. In addition, the database will need to be structured to interface with the dispute resolution system components as the SEA has designed and implemented them.

Table 3. Variables used to document all dispute resolution processes.

Student’s SSN, ID#, or Case Number
Names and address that may change over time
Type of Dispute Resolution Process
Disposition of Case
Disposition Notes
Case archived
Dispute Statement
First Issues Involved
Issue One Prevailing Party
Second Issues Involved
Issue Two Prevailing Party
Third Issues Involved
Issue Three Prevailing Party
Fourth Issues Involved
Issue Four Prevailing Party
Corrective Action(s) Information
Corrective Action 1
Follow-up date – Action 1
Date of Projected Completion
Date Corrective Action 1 completed
Corrective Action 2
Follow-up date – Action 2
Date of Projected Completion
Date Corrective Action 2 completed
Corrective Action 3
Follow-up date – Action 3
Date of Projected Completion
Date Corrective Action 3 completed
Corrective Action 4
Follow-up date – Action 4
Date of Projected Completion
Date Corrective Action 4 completed
Outcome
Consumer Satisfaction First Attempt (Mail or Phone)
Consumer Satisfaction Second Attempt (Mail or Phone)
Consumer Satisfaction Third Attempt (Mail or Phone)
Consumer Satisfaction Results

Table 4. Variables used to document the Complaints process.

Student’s SSN, ID#, or Case Number
Date Complaint Received
Held in Abeyance
60 Day Deadline Date
Time extension Date
Deadline Date for Additional Information from Complainant
Date LEA Notified
Date LEA to Respond
Date LEA Response Received
Findings
Date Written Decision Sent Complainant
Initiation of Enforcement Procedures
Enforcement Notes

Table 5. Variables used to document the Mediation process

Student’s SSN, ID#, or Case Number
Mediation Request Type
Mediation Status
Parent/Parties Offered Mediation by SEA
Parents/Parties Accept/Reject Mediation
Date Parent Accept/Reject. If accept, date signed Agreement to Mediate
LEA/Parties Accept/Reject Mediation
Date LEA/Agency Accept/Reject. If accept, date signed Agreement to Mediate
Meeting to Encourage Mediation
Mediator Assigned or Selected by SEA
Date Mediator Selected
Parties Notified of Mediator Appointment
Request Another Mediator
Alternate Mediator
Parties Notified of Alt. Mediator Appointment
First Mediation Date
Attendees of First Meeting
Length of First Meeting
Second Mediation Date
Attendees of Second Meeting
Length of Second Meeting
Third Mediation Date
Attendees of Third Meeting
Length of Second Meeting
First Mediation Cancelled
Second Mediation Cancelled
Third Mediation Cancelled
Receipt of Written Agreement
Written Mediation Agreement
Mediation Signed
Date Agreement Mailed to Parties

Table 6. Variables used to document Due Process Hearings.

Student’s SSN, ID#, or Case Number
Representative’s Salutation
Representative’s Name
Representative’s Street Address (line 1)
Representative’s Street Address (line 2)
Representative’s City
Representative’s State
Representative’s Zip Code
Representative’s Telephone
Representative’s Fax Number
Initiation of Enforcement Procedures
Enforcement Notes
Hearing Request Filed
Procedural Safeguards Statement Provided Including Free/low-cost Sources of Advise
Hearing Officer Assigned
Parties Notified of Hearing Officer Appointment
Request Another Hearing Officer
Alternate Hearing Officer Selected
Parties Notified of Alt. Hearing Officer Appointment
Alternate Hearing Officer Assigned
Hearing Extension Granted
Pre-hearing Conference Scheduled
Pre-hearing Held
Disclosure Date Established
Hearing Date(s) Scheduled
First Continuance Requested
First Continuance Granted
First New Hearing Date(s) Scheduled
Second Continuance Requested
Second Continuance Granted
Second New Hearing Date(s) Scheduled
Third Continuance Requested
Third Continuance Granted
Third New Hearing Date(s) Scheduled
Fourth Continuance Requested
Fourth Continuance Granted
Fourth New Hearing Date(s) Scheduled
Hearing Held
Decision Issued
Findings of Fact & Decision
Date Decision Mailed to Parties
Clarification of Decision Requested
Clarification Issued
Clarification Denied
Clarification
Facts to SAP
SEA Appeal Received
SEA Extension Granted
SEA Decision
SEA Decision
SEA Decision Sent To Parties
Administrative Record Received
Appealed to Court
Reasons Appealed to Court
Parties Prevailing in Court Appeal

Several possible database structures have been discussed. One of the easiest relational databases to design and implement is illustrated below (Display 1). The linked variables are show by arrows. Please note that all of the variables have not been recorded in the Display. The illustration was designed only to provide an overview of the database structure and its linkages.

Display 1. Structure for a simple dispute resolution relational database.

Student & Parties Address Table

       
Student’s First Name        
Student’s Last Name        
Student’s DOB       Case Information

Student’s SSN, ID#, or Case Number   Student’s SSN, ID#, or Case Number
Students Category       Type of Dispute Resolution Process
Parent/Guardian Salutation   LEA Address Information Source

  Disposition of Case
District/Agency   District/Agency   Disposition Notes
More variables ….   LEA Representative’s Salutation   Addresses and Names of Parties that may change over time
    LEA Representative’s Name   Dispute Statement
    LEA Representative’s Street Address (line 1)   First Issues Involved
    LEA Representative’s Street Address (line 2)   Issue One Prevailing Party
    LEA Representative’s City   More variables ….
    LEA Representative’s State    
    LEA Representative’s Zip Code    
    LEA Representative’s Telephone    
    LEA Representative’s Fax Number    
    More variables ….    

Database Variables

Table 7 was designed to provide further definition of the variables and some indication of the purpose for gathering them. Some of the variables can be automatically loaded from other databases or tables, and some can be automatically calculated. Each SEA and/or contractor(s) will have its own procedures used to provide the dispute resolution processes. The uniqueness of each system will need to be considered while developing the dispute resolution database. The list of data elements below can be used as a starting point from which data elements can be eliminated and added as needed. We have included some optional variables as the end of the table that some SEAs may want to use with their dispute resolution database.

Table 7. MASTER DISPUTE RESOLUTION SYSTEM VARIABLES

VARIABLE

SUGGESTED FORMAT

DISPUTE RESOLUTION SYSTEMS USING VARIABLE

DEFINITION AND PURPOSE OF VARIABLE

Student’s First Name

Text

All

Identify Subject of Dispute Resolution Activity and linking to other databases.

Student’s Last Name

Text

All

Identify Subject of Dispute Resolution Activity and linking to other databases.

Student’s DOB

Date (mm/dd/yy)

All

Identify Subject of Dispute Resolution Activity and linking to other databases.

Student’s SSN, ID#, or Case Number

nnn-nn-nnnn

All

Identification and linking to other databases.

Students Category

Number or Alpha code

All

Identify disability involved: 1=MR, 2=SLD, 3=Autism, 4=EC, 5= DD,6=disputed…X=unknown

Parent/Guardian Salutation

Text

All

Options such as Mr. and Mrs.; Mr.; Mrs.; Dr.; etc. used to print letters.

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