CADRE Webinar: Trends in Dispute Resolution #dispute resolution #due process complaint

CADRE offered a webinar today concerning special education dispute resolution under IDEA for the last eleven years. The following are some of the trends highlighted in the webinar.

Trends in the Use of Mandated IDEA Dispute Resolution Processes

 Written State Complaints and Complaint Reports Issued have remained relatively steady over the past 7 years. Activity is broad-based across states, as compared to Due Process Complaint activity. 

 Mediations Requested, Mediations Held, and Mediation Agreements have increased during the last 9 years, due to a nearly 20% increase in due process-related mediation. The national average mediation agreement rate is 69%. 

 Due Process Complaints filed continue to decline following a slight uptick in 2013-14 that was attributable to activity in 2 states. Overall, 7 states account for 80% of Due Process Complaints filed and 5 states account for 90% of Due Process Hearings Held. 

 Resolution Meetings Held and Resolution Meeting Agreements have both declined since 2006-07, with the agreement rate dropping to 19% in 2014-15 from a peak of 30% in 2009-10. 

 Most (about 85%) Due Process Complaints filed each year are withdrawn, dismissed, or resolved without a hearing (about 65%), or pending at the end of the school year (about 20%). 

Support for More Collaborative Dispute Resolution Approaches

 Based on CADRE’s examination of state practices, we believe that the use of collaborative approaches can lead to a decreased use of formal dispute resolution processes and may foster better school-family relationships. 

o Some states that offer facilitators for Resolution Meetings have agreement rates that are higher than the national average, reinforcing the belief that third party neutrals may improve the likelihood that potentially contentious meetings end in agreement. 

o Some states that offer facilitators for IEP meetings have experienced a decrease in the use of formal dispute resolution processes available under IDEA. 

 States continue to make investments in early conflict resolution activities that are not required by the IDEA, such as local capacity building, stakeholder training, ombudspersons, advisory opinions, stakeholder councils, and other innovative approaches. 

 43 states and D.C. currently provide IEP facilitation, or are developing or exploring its use: 

o 36 of these currently offer IEP facilitation statewide or are piloting programs in select school districts (compared to 9 in 2005, and 29 in 2015). 

Here is a one page summary of the findings by CADRE. The CADRE website also has the powerpoint used during the webinar.