CADRE Resources

1997 Re-Authorized Individuals With Disabilities in Education Act (IDEA) 1997 Re-Authorized Individuals With Disabilities in Education Act (IDEA)

About the CADRE Process and Practice Continuum This brief article provides an introduction to CADRE’s Process and Practice Continuum which offers a dynamic database of dispute resolution activity in special education.

ADR Options There is a spectrum of dispute resolution processes, ranging from informal discussion to formal adjudication. The concept behind the development of alternative dispute resolution, or "ADR," is that the traditional adjudicatory model of dispute resolution is not always the best approach. Rather, the concept has developed that "the forum should fit the fuss," and not vice versa.

Benefits of Mediation People in disputes who are considering using mediation as a way to resolve their differences often want to know what the process offers. While mediation cannot guarantee specific results, there are trends that are characteristic of mediation. This article contains a list of some of the benefits of mediation, broadly considered.

Beyond Mediation Dialogue Guide The IDEA Partnership has developed a Dialogue Guide on the important topic of dispute resolution. Using CADRE's work on early and innovative dispute resolution processes, the Partnership has developed both an Executive Summary of the document Beyond Mediation: Strategies For Appropriate Early Dispute Resolution In Special Education and a Dialogue Starter for Dispute Resolution.

Beyond Mediation: Strategies For Appropriate Early Dispute Resolution In Special Education This briefing paper describes some of the causes of special education conflict and then explores the range of conflict management approaches being pioneered by state education agencies and school districts. The focus of this paper and the underlying research is on innovative work that is being done related to disagreements regarding those children and youth (3 years and older) served under Part B of IDEA. A CADRE Publication. This document was published in October 2002. For more information on IDEA 2004, please click here.

Bureau of Indian Education Mediation Manual This document was developed by the Mountain Plains Regional Resource Center on behalf of the Bureau of Indian Education. It covers numerous topics including a description of the mediation process and role of the mediator as well as standards that guide the service. The document also includes a variety of forms useful to parents, school, attorneys and mediators.

CADRE's Fourth National Symposium on Dispute Resolution in Special Education CADRE, serving as the National Center on Dispute Resolution in Special Education, is accepting proposals to present at the Fourth National Symposium on Dispute Resolution in Special Education. Proposals must be postmarked by May 26, 2006 to be considered. Symposium invitees include State dispute resolution coordinators, parent advocates, directors of special education, dispute resolution practitioners, attorneys, educators, service providers, parents and others interested in creating effective agreements that benefit educational and early intervention programs for infants, toddlers, children and youth with disabilities.

Conflict Resolution Education: Goals, Models, Benefits and Implementation This paper, which was prepared for Pennsylvania's regional "Food For Thought" Dinners, explores system design issues related to school-based, conflict resolution education.

Considerando Mediación de Especial Educación La mediacion es una manera flexible de resolver los desacuerdos entre la escuela o sistemas de intervención temprana ("early intervention," o EI) y los padres de niños con discapacidades. Una persona neutral, llamada un mediador, ayuda a los padres, educadores, y proveedores de servicios a comunicarse más efectivamente y a desarrollar un documento escrito que contiene los detalles de su acuerdo. Este Documento fue publicado en 1999. Para mas informacion sobre IDEA 2004, por favor oprima aqui. To view this document in English, please click here.

Considering Mediation for Special Education Disputes: A School Administrator's Perspective This paper describes the advantages and disadvantages of mediation from an administrator's perspective in order to help other administrators make an informed decision about whether it is in the best interest of their school district, and ultimately the students they serve, for them to participate. A CADRE Publication. This document was published in September 2002. For more information on IDEA 2004, please click here.

Considering Special Education Mediation Mediation is a flexible way to resolve disagreements between school or early intervention (EI) systems and parents of children with disabilities. An impartial person, called a mediator, helps parents, educators and service providers to communicate more effectively and develop a written document that contains the details of their agreement. Participation in mediation is voluntary and confidential. This document was published in 1999. For more information on IDEA 2004, please click here.

Discipline Disputes Specific requirements have been added to the new IDEA regarding the discipline of children with disabilities. These requirements are complex and lengthy and are based upon standards that have emerged over the years as a result of court cases, OSEP memoranda, and findings of the Office for Civil Rights (OCR), which enforces compliance with Section 504 of the Rehabilitation Act of 1973, under which many children with disabilities receive educational services.

Due Process Rights Perhaps the best document for enhancing your understanding of due process rights under IDEA is the NICHCY Training Module.

Families and Schools: Resolving Disputes through Mediation Many questions have been raised on exactly what mediation is and how it is done. This publication has been developed by the Consortium for Appropriate Dispute Resolution in Special Education (CADRE) in partnership with the National Information Center for Children and Youth with Disabilities (NICHCY)to respond to some of the questions that so many parents, teachers, administrators, and others have about mediation. Through the presentation of real life stories, the reader will gain a better understanding of the mediation process and its inherent flexibility. As different as these stories are, each ends with a successfully negotiated agreement making it possible for the children involved to get the services they need and the parents and schools to work together with renewed collaboration and partnership. A CADRE Publication. This document was published in July 2002. For more information on IDEA 2004, please click here.

Frequently Asked Questions (FAQs) on Mediation This publication has been developed by the Consortium for Appropriate Dispute Resolution in Special Education (CADRE)in partnership with the National Information Center for Children and Youth with Disabilities (NICHCY) to respond to the host of questions that many parents, teachers, administrators, and others have about mediation. A CADRE Publication. This document was published in July 2002. For more information on IDEA 2004, please click here.

Maximizing Mediation This article suggests that the adoption of a maximizing mediation approach by the mediator is permissible and advised. There are no barriers to mediators moving beyond the world of barely sufficient processes and barely sufficient results to stimulate maximized processes and maximized results.

NICHCY Module 18 ~ Procedural Safeguards: Options for Dispute Resolution CADRE partner, NICHCY, the National Dissemination Center, has developed training curricula titled, Building the Legacy: Individuals with Disabilities Education Act Amendments of 2004. These resources were developed to provide information and training materials related to IDEA and its final Part B regulations. One of the themes, “Procedural Safeguards”, includes Module 18: Options for Dispute Resolution.

Optional IDEA Alternative Dispute Resolution This In-Depth Policy Analysis is the result of findings based on a survey sent to all special education units of state education agencies. The survey requested information about the use of 10 alternative dispute resolution processes not specifically required under IDEA. This publication is a joint product from Project Forum and CADRE.

Procedural Safeguards Background Text, Office of Special Education Programs IDEA Amendments of 1997 Curriculum Note: This module is part of a training package on the IDEA Amendments of 1997, developed by the Office of Special Education Programs at the U.S. Department of Education, the National Information Center for Children and Youth with Disabilities (NICHCY), and the Federal Resource Center for Special Education (FRC).

Special Education Mediation: A Guide for Parents This booklet, which is particularly aimed at parents and family members, provides an overview of the mediation process and how it works. Included is information on the benefits of mediation and how to prepare for mediation. It was jointly developed by the Alliance and CADRE. This document was published in July 2001. For more information on IDEA 2004, please click here.

State Complaint Procedures Each State Education Agency shall adopt written procedures for resolving complaints.

State Mediation Systems - A NASDSE Report This report is a brief analysis of the results of a survey of State Directors of Special Education on their state mediation systems. It was conducted as a follow-up to previous Project FORUM documents on this topic (Ahearn, 1997, Ahearn, 1994, Schrag, 1996). Responses to selected items of the survey are summarized in the attached table.

Texas Education Agency Special Education Mediation Program Scores High The overwhelming majority of parents and school district staff participating in the Texas Education Agency's (TEA) Special Education Mediation Program found it to be highly effective, expressed strong satisfaction with the process, and were willing to use the mediation services again or recommend it to others according to a survey of results which looked at 603 surveys over a two year period of time (1998-2000).

The Mediation Option A Mediation Primer. Mediation is one of a number of dispute resolution options available to parents and schools.

The Role of Attorneys in Special Education Mediation This paper examines the role of attorneys and to a lesser extent, advocates in special education mediation. It examines the positions held by both proponents and opponents of permitting attorneys and advocates to participate in special education mediation. It then considers the interests and concerns shared by advocates of the two opposing views. The paper concludes with practical recommendations that attempt to satisfy these common interests. This document was published in June 2001. For more information on IDEA 2004, please click here.