CADRE: Dispute Resolution Article Review

IEP Facilitation

• impartial facilitator
• early dispute resolution
• can improve team relationships
• can support conflict resolution
• everyone at meeting should respect the facilitator for this method to work

Mediation

• volunatry process
• available anytime there is a team disagreement
• both parents and school can request a mediator
• flexible process
• discussions are confidential
• both side HAVE to agree to mediate for process to work
• great option for complex situations

Resolution Meeting

• meeting after guardian files due process complaint
• meeting MUST happen - unless there is a written explanation
• meeting must take place no later than 15 calendar days after guardian files
• legally enforceable agree to resolve guardians concerns
• Districts may bring an attourney to the meeting
• discussions are NOT confidential

Written State Complaint

• document requesting an investigation into school district's compliance with IDEA
• any person or organization may file
• findings and conclusions on how IDEA was not followed
• decision MUST be reached before 60 calendar days
• supporting facts must be substantial and credible
• IDEA does not require an appeals process
• investigation and decision are provided at the cost of public expense
• complaints MUST: include outlined information, follow state requirements, be provided to the district in question, consider the district's response to the claim

Due Process Complaint

• hearing officer or just makes decision and oversees: timeline, procedural matters and dismissal of issues resolved
• complaint MUST be filed 2 years to the date of the incident
• written decision MUST be issued 45 calendar days after filing
• each party pays for legal fees
• substantial prep and evidence is needed to prepare for a case

Expedited Hearing Request

• special cases related to discipline and placement
• district may use this if student behavior is dangerous to others
• both parents and school can file
• resolution period cannot be extended
• resolution hearing MUST take place within 7 calendar days