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CADRE SPOTLIGHTS 10 STATES TRACKING DISPUTE RESOLUTION

February 5, 2000

Using meditation to resolve disputes between school districts and families of students with special needs is in its infancy in many U.S. states, despite an endorsement by the 1997 reauthorization of the Individuals with Disabilities Education Act. In 1998, a few states were handling as many as 40 percent of complaints through mediation, rather than the more formal due process hearings, while others were able to steer as few as 10.2 percent of complaints toward mediation, according to "Status of Annual Dispute Resolution Effectiveness and Impact Measurement," a recent study by the Consortium for Appropriate Dispute Resolution in Special Education and the National Association of State Directors of Special Education.

The report highlights the 10 states with the most complete information on how they handled formal complaints in 1997-98. The researchers found Alabama, Idaho, Illinois, Indiana, Michigan, Oregon, Tennessee, Texas, Wyoming, and Washington have installed the most complete systems of tracking each dispute, including follow-up after the complaint is filed, the impact of those follow-up sessions and data on whether the disputes were ultimately resolved. The tracking systems range from paper files to databases kept using word processing software, spreadsheets, specialized database programs and call center software. Some states have even developed pre-filing processes to try to resolve disputes prior to more formal procedures.

Though these 10 states' tracking systems are comparatively more thorough than other states, according to CADRE and NASDSE, they are also generally lacking in their attention to the overall impact and effectiveness of their mediation efforts. They have put plenty of effort into getting the mediation ball rolling, but they are not checking to see where that ball goes, which the researchers say is "missing and essential management information data."

Though the states log the dispute processes, CADRE and NASDSE noted none of the 10 model states uses a case management system that integrates all three formal dispute resolution procedures -- complaint resolution, mediation and due process hearings. "The fact that this linkage is missing makes the measurement of effectiveness of [dispute resolution] procedures difficult. The availability of such information would provide excellent management information for decision-making within the [state education agencies]," the researchers said.

In addition, though some of these 10 states have been innovative in devising ways to track formal disputes through the process, CADRE and NASDSE found no "consistent agreed-upon methods of collection or reporting" across all the states. The groups argue that developing such a uniform system would eventually make more complete information available on whether meditation is being used effectively to head off more formal methods of resolution, which are often more confrontational and more expensive.

In studying data from the 10 states, the researchers found that Washington handled a high of 39.9 percent of its formal complaints through mediation in 1998. Wyoming was on the low end, with 10.2 percent going to mediation. Washington was also among four states, with Illinois, Alabama and Texas, with high percentages of dispute cases that request due process hearings. In Indiana, Michigan and Tennessee, a comparatively low percentage of complaints filed requested due process hearings.

Among other factors, the study found poverty levels may play a role in whether the complainants request due process hearings or try mediation first. For example, in Alabama and Texas, which had relatively high percentages of complainants requesting due process hearings, the poverty levels were higher than in the eight other states in the study. Texas, with a 24.9 percent poverty rate, reported 40.4 percent of its disputes were directed to due process hearings, and Alabama, with a 24.1 percent poverty rate, said 53.6 percent went to due process hearings. However, despite a low poverty rate of 12.8 percent, Washington was also in the high due process category, with 41.2 percent of its complainants choosing that route.

CADRE and NASDSE drew the poverty-due process connection based partly on comments from the states, noting several state education agencies said their states do not have enough legal aid to help low-income families evaluate all of their options. "Many other factors also impact the filing of requests, such as the legitimacy of the dispute or willingness to resolve issues prior to formal filing," the researchers added.

The two groups plan to follow up in another phase of the study to measure the effectiveness and impact of dispute resolution through a new sample of states that have that data available. The multi-pronged study is funded by the federal IDEA budget through CADRE, which the U.S. Department of Education's Office of Special Education Programs established to track the effectiveness of appropriate dispute resolution methods. As reported, the 1997 IDEA amendments include a greater emphasis on using mediation to resolve disputes.8