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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.
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.
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.
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.
Table 4. Variables used to document the Complaints process.
Table 5. Variables used to document the Mediation process
Table 6. Variables used to document Due Process Hearings.
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.
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
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