Technical Assistance for Part C, Indicator 12

These questions are intended to help Part C lead agencies that have adopted the Part B due process hearing procedures begin an examination of problems related to the implementation of the resolution meetings process. (If states have adopted Part C procedures for due process hearings, this indicator does not apply.)  While the questions focus on resolution meetings, lasting solutions and the capacity of families and local service providers to reach effective agreements and to deal with conflict early requires a broader framework. CADRE’S approach to technical assistance and improvement is systemic – focusing on all dispute resolution areas and emphasizing early resolution and conflict management processes.

System Oversight and Management

• What does the Lead Agency do to support implementation of the Resolution Meeting process (regulatory support, guidance, education, resources, training)?
• Who oversees/manages the use, timeliness and legal compliance of Resolution Meetings? How?
• How is the Lead Agency’s due process hearing system and use of Resolution Meetings linked to other dispute resolution (DR) options, including mediation?
• How are written settlement agreements reached through Resolution Meetings and their implementation linked to the Lead Agency’s general supervision process (issues tracked, monitoring of agreement implementation, appealable through the State’s written complaints process)?

Resolution Meeting Process

• When and by what means does a parent (or service provider) learn about the Resolution Meeting requirement (from the Lead Agency, hearing officer, local service provider)?
• Who manages pre-meeting communication (the Lead Agency, service provider, hearing officer, case manager)?  How (e.g., form letters, telephone, email)?
• What procedure is in place to waive the Resolution Meeting?
• What role does the Lead Agency play in encouraging that settlement agreements reached through Resolution Meetings are appropriately constructed?
• How are written settlement agreements integrated into the IFSP process?
• What is the Lead Agency’s process for collecting and reviewing written settlement agreements, if any?
• Does the Lead Agency get involved with monitoring implementation of the written settlement agreement and if so, how?
• What mechanisms for resolving the matter are in place if a written settlement agreement is not reached through the Resolution Meeting process?
• What mechanism is in place if a written settlement agreement is not implemented?
• Does the Lead Agency provide Resolution Meeting facilitators?  If so, who are they, how are they trained, supported and evaluated?

Data Management and Evaluation

• How does the Lead Agency compare to other states in Resolution Meeting activity (e.g., numbers of meetings held, agreements signed)?
• What types of issues are addressed/most prevalent in Resolution Meetings?
• Does the Lead Agency collect data on Resolution Meetings beyond what is required for the APR (e.g., length of meetings, outcome, satisfaction, rescission rate, attorney participation, durability of agreements, other settlement agreements)?
• How often does the Lead Agency review the data on Process? Outcomes? Satisfaction? Implementation?

Original Word Document

• Instructions for completing Table 4.
  
• The Center for Appropriate Dispute Resolution in Special Education (CADRE) works to increase the nation’s capacity to effectively resolve special education disputes, reducing the use of expensive adversarial processes. CADRE works with state and local education and early intervention systems, parent centers, families and educators to improve programs and results for children with disabilities. To learn more about CADRE and to access technical assistance and products visit this site.
• The Dispute Resolution System Integration and Performance Enhancement (DR SIPE) tool developed by CADRE is designed to assist states wishing to improve their dispute resolution system using a systematic, data guided process for managing and improving dispute resolution programs and practices. 
• Table 4 Error Checker (Part C) to support States’ efforts in reporting accurate dispute resolution data. CADRE Resources  Update will be posted as soon as it is available.

Explore resources described in the document, “At a Glance OSEP Technical Resources for State Improvement”

• This document provides information about resources that can assist states in improving their performance on the SPP dispute resolution indicators. The document describes technical assistance products and services available and how to contact technical assistance providers with expertise in IDEA dispute resolution processes.

Find examples of State practices for resolution meetings

• The RRFC Network provides a forum for States to share information about the IDEA dispute resolution processes. The RRFC Network website includes documents submitted by States including model forms, guidelines, manuals, and procedures.

Publications

• Resolution Meetings- State Supports and Practices. This brief analysis is the result of a survey conducted of all state education agencies on the subject of alternate dispute resolution. The document addresses the available types of supports for resolution meetings and includes information about the experiences of the states in implementing resolution meetings.

• Resolution Meetings: A Guide for Parents - REVISED June 2008 ~ This booklet, which is particularly aimed at parents and family members, provides an overview of the resolution meeting process, how it works, potential benefits, and also information on how to prepare to participate.
• Steps to Success: Communicating with Your Child's School ~ This publication is easily adaptable for Part C early intervention audiences.  The document offers specific communication skills that may be helpful to parents as they develop and maintain partnerships with their child's school.
• NICHCY Module 18 ~ Procedural Safeguards: Options for Dispute Resolution ~ The information in this module specifically related to due process complaints and the resolution meeting process is adaptable for States’ Part C early intervention programs that have adopted the Part B due process hearing procedures.  This NICHCY resource provides information and training materials related to IDEA and its Part B regulations on the theme Procedural Safeguards: Options for Dispute Resolution, including resolution meetings.

 

• Center for Appropriate Dispute Resolution in Special Education (CADRE)
  
• The Regional Resource and Federal Centers Network