CADRE Resources
Date: July, 1999
From NASDSE's Quick Turn Around Forum - a brief analysis of a critical issue in special education. Republished
here with permission of NASDSE.
Background
Since 1975, the formal mechanisms established within the Individuals With Disabilities Education Act (IDEA) to
resolve disputes between parents of children with disabilities and schools have been state complaint resolution
systems and due process procedures. However, a note at the end of the due process hearing section of the 1993 regulations
"...pointed to the success of using mediation as an intervening step prior to conducting a formal due process
hearing." [§300.506]. When Congress added formal mediation as an option within the IDEA Amendments of
1997, it recognized the need for additional and less adversarial dispute resolution approaches to resolve differences
between parents and agencies. Specifically, states must offer mediation at least whenever a due process hearing
is requested. However, mediation may not deny or delay a parent's rights to a due process hearing.
To provide information, training, and technical assistance to states, schools, parents, and teachers on alternative
dispute resolution activities, including mediation, the U.S. Department of Education's Office of Special Education
Programs (OSEP) funded a national center on dispute resolution. This center, The Consortium for Appropriate Dispute
Resolution in Special Education (CADRE), is located at Direction Service, in Eugene, Oregon. CADRE's core partners
are the National Association of State Directors of Special Education (NASDSE), the Academy for Educational Development/National
Information Center for Children and Youth with Disabilities (AED/NICHCY), the Mediation Information and Resource
Center (MIRC) , the Technical Assistance Alliance for Parent Centers (The Alliance), Western Oregon University-Teaching
Research and the Western Regional Resource Center (WRRC).
CADRE Survey
One of CADRE's goals is to enhance the gathering and consistency of meaningful and accurate information regarding
the use and effectiveness of dispute resolution strategies within and across the states. As a first step toward
accomplishing this goal, NASDSE, in partnership with CADRE, conducted an email screening survey of data collection
efforts across the country. This took place February through April 1999.
The screening survey was sent to state dispute resolution contacts, designated by state directors of special education,
and requested information on the types of dispute resolution data gathered and retained within the state education
agencies (SEAs) directly or through contractual arrangements. This included data on complaints resolution, mediation,
and due process hearings. Information was received from all 50 states.
As a follow-up to the screening survey, an in-depth examination of approximately ten states will be conducted by
CADRE prior to October 1999 to obtain a greater understanding of data collection activities within the states and
the effectiveness of various dispute resolution practices.
Project FORUM's Role
To support CADRE's goal of enhancing data collection efforts in the area of dispute resolution and inform stakeholders
of the current efforts in this area, Project FORUM at NASDSE prepared this brief analysis of the CADRE survey to
disseminate to the field. Preparation of this document and its dissemination is part of Project FORUM's Cooperative
Agreement with OSEP.
Survey Results
Formal Complaints
