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  • Process and Practice Information
    mediation and other collaborative strategies to resolve disagreements about special education and early intervention programs CADRE Resources Home CADRE Continuum Literature Database For Family Members Español Additional Resources For Mediators IDEA Legal Locate Professionals Locate Trainers Preparing for Dispute Resolution Processes Research Evaluation State Information Systems Design Training Resources Part C Early Intervention CADRE Products State Dispute Resolution Resource Showcase Parent Dispute Resolution Resource Showcase CADRE Webinars Calendar This document

    Original URL path: http://www.directionservice.org/cadre/ctu/processdefs14.cfm?thisid=21 (2016-02-09)
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  • Process and Practice Information
    collaborative strategies to resolve disagreements about special education and early intervention programs CADRE Resources Home CADRE Continuum Literature Database For Family Members Español Additional Resources For Mediators IDEA Legal Locate Professionals Locate Trainers Preparing for Dispute Resolution Processes Research Evaluation State Information Systems Design Training Resources Part C Early Intervention CADRE Products State Dispute Resolution Resource Showcase Parent Dispute Resolution Resource Showcase CADRE Webinars Calendar This document does not offer

    Original URL path: http://www.directionservice.org/cadre/ctu/processdefs14.cfm?thisid=20 (2016-02-09)
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  • Process and Practice Information
    resolve disagreements about special education and early intervention programs CADRE Resources Home CADRE Continuum Literature Database For Family Members Español Additional Resources For Mediators IDEA Legal Locate Professionals Locate Trainers Preparing for Dispute Resolution Processes Research Evaluation State Information Systems Design Training Resources Part C Early Intervention CADRE Products State Dispute Resolution Resource Showcase Parent Dispute Resolution Resource Showcase CADRE Webinars Calendar This document does not offer formal policy guidance

    Original URL path: http://www.directionservice.org/cadre/ctu/processdefs14.cfm?thisid=19 (2016-02-09)
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  • Process and Practice Information
    State Dispute Resolution Resource Showcase Parent Dispute Resolution Resource Showcase CADRE Webinars Calendar This document does not offer formal policy guidance from the Office of Special Education Programs at the United States Department of Education Subscribe to The CADRE Caucus WHAT S CADRE CAUCUS Share CADRE Tweet This site is funded by Subscribe to CADRE s Practitioner List Serve WHAT S PRACTITIONER LIST SERVE Process and Practice Information Due Process Complaints and Hearings A due process complaint is a request to a local education agency school district and the State Education Agency for a hearing before an impartial hearing officer This quasi judicial procedure as a method for resolving a disagreement involves a filing by either a parent in most cases or a school district challenging the other party over a matter concerning the provision of free appropriate public education to a child who needs or is suspected of needing of special education and related services Due process complaints are the most contentious and adversarial of required dispute resolution processes under IDEA Most due process complaints do not end up in a fully adjudicated hearing Negotiations between the parties usually involving attorneys resolve in one way or another about 80 of all due process filings nationally and a much higher percentage than that in most states What is Required of a Due Process Complaints System A Due Process Complaint Hearings System must be available under IDEA in every state Each State Educational Agency must have in place mechanisms for Filing a due process complaint a request for a hearing a variety of options for the resolution of the complaint that involve the parent and the school reaching an agreement that addresses the basis of the complaint and obviates the need for a formal hearing and a system for the conduct

    Original URL path: http://www.directionservice.org/cadre/ctu/processdefs14.cfm?thisid=18 (2016-02-09)
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  • Process and Practice Information
    Dispute Resolution Resource Showcase Parent Dispute Resolution Resource Showcase CADRE Webinars Calendar This document does not offer formal policy guidance from the Office of Special Education Programs at the United States Department of Education Subscribe to The CADRE Caucus WHAT S CADRE CAUCUS Share CADRE Tweet This site is funded by Subscribe to CADRE s Practitioner List Serve WHAT S PRACTITIONER LIST SERVE Process and Practice Information Written State Complaints A Written State Complaint procedure must be available under IDEA in every state Each State Educational Agency must have written procedures for resolving any complaint the filing of a complaint with the State Educational Agency and widely disseminating the State complaint procedures In resolving a State complaint in which the State Educational Agency has found a failure to provide appropriate services the State Educational Agency must address the failure to provide appropriate services including corrective action and appropriate future provision of services for all children with disabilities Full legal requirements may be found at 34 CFR 300 151 153 see page 46770 of full IDEA Regulations at http idea ed gov download finalregulations pdf An OSEP approved Procedural Safeguards notice including a specific description of written complaints see page 14

    Original URL path: http://www.directionservice.org/cadre/ctu/processdefs14.cfm?thisid=17 (2016-02-09)
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  • Process and Practice Information
    National Center on Dispute Resolution in Special Education Encouraging the use of mediation and other collaborative strategies to resolve disagreements about special education and early intervention programs CADRE Resources Home CADRE Continuum Literature Database For Family Members Español Additional Resources For Mediators IDEA Legal Locate Professionals Locate Trainers Preparing for Dispute Resolution Processes Research Evaluation State Information Systems Design Training Resources Part C Early Intervention CADRE Products State Dispute Resolution Resource Showcase Parent Dispute Resolution Resource Showcase CADRE Webinars Calendar This document does not offer formal policy guidance from the Office of Special Education Programs at the United States Department of Education Subscribe to The CADRE Caucus WHAT S CADRE CAUCUS Share CADRE Tweet This site is funded by Subscribe to CADRE s Practitioner List Serve WHAT S PRACTITIONER LIST SERVE Process and Practice Information Mediation This process refers to special education mediation required under federal law While states are required to offer a process that meets the statutory and regulatory requirements there is considerable flexibility as to how states provide mediation services This flexibility includes the selection training and evaluation of practitioners who serve in the role of mediator and the manner in which the program is administered State

    Original URL path: http://www.directionservice.org/cadre/ctu/processdefs14.cfm?thisid=16 (2016-02-09)
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  • Process and Practice Information
    State Information Systems Design Training Resources Part C Early Intervention CADRE Products State Dispute Resolution Resource Showcase Parent Dispute Resolution Resource Showcase CADRE Webinars Calendar This document does not offer formal policy guidance from the Office of Special Education Programs at the United States Department of Education Subscribe to The CADRE Caucus WHAT S CADRE CAUCUS Share CADRE Tweet This site is funded by Subscribe to CADRE s Practitioner List Serve WHAT S PRACTITIONER LIST SERVE Process and Practice Information Resolution Meeting Resolution meetings often referred to as resolution sessions are required under federal law as an opportunity for families and schools to resolve issues raised in a due process complaint in a less formal process and setting While this process occurs at the local level and is the responsibility of LEAs to convene State Education Agencies have the ultimate responsibility for this process under the general supervision requirements and are required to ensure that the process meets the statutory and regulatory requirements Practices Facilitated Resolution Meetings District of Columbia A Facilitated Resolution Meeting is a new offering by the Office of the State Superintendent of Education OSSE that provides an opportunity for parents and schools to resolve due process

    Original URL path: http://www.directionservice.org/cadre/ctu/processdefs14.cfm?thisid=39 (2016-02-09)
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  • Process and Practice Information
    Education Programs at the United States Department of Education Subscribe to The CADRE Caucus WHAT S CADRE CAUCUS Share CADRE Tweet This site is funded by Subscribe to CADRE s Practitioner List Serve WHAT S PRACTITIONER LIST SERVE Process and Practice Information Third Party Opinion Consultation In this approach all parties to a dispute work with outside legal and or special education experts to learn more about the merits of their position Practices Administrative Reviews Ohio To provide school districts LEAs and parents with an alternative means of resolving disputes and managing conflict at the local level Advisory Opinion Connecticut Connecticut offers an advisory opinion process that can be accessed by individuals who have already filed for a due process hearing This strategy enables parties to opt for a neutral opinion and postpone the formal hearing Advisory Opinion Massachusetts The advisory opinion process is an optional dispute resolution process available to parties who have requested a due process hearing Each party is allocated one hour to give a brief presentation of its case after which the hearing officer issues an oral nonbinding opinion within an hour of the close of the presentations Advisory Opinion Oregon The advisory opinion process is an optional dispute resolution process available to parents and school districts before or after a due process hearing has been requested The parties give a brief presentation of their case and the administrative law judge issues a verbal nonbinding opinion ALJ Settlement Conference Oregon An ALJ Settlement Conference is an alternative to mediation for parties to a due process hearing In an ALJ Settlement Conference an administrative law judge ALJ facilitates a process between the parties in an attempt to reach settlement of the hearing issues Evaluative Conciliation Conference Pennsylvania Evaluative Conciliation Conference ECC is a voluntary process for parents

    Original URL path: http://www.directionservice.org/cadre/ctu/processdefs14.cfm?thisid=15 (2016-02-09)
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