woman sitting at computer helping a woman and her babyWhether you are new to your Early Intervention Dispute Resolution (DR) coordination and leadership role or not, you may find the content housed in this online suite of resources especially helpful in the administration of the required Part C IDEA DR processes, as well as the implementation of other prevention and early resolution practices along the CADRE Continuum.

Know the Basics

Understanding Part C of IDEA, including its purpose and provisions, is critical to anyone in an early intervention dispute resolution coordination or leadership role. Visit OSEP’s About IDEA and Topic Areas webpages for more information.

Although a majority of States have low or no formal dispute resolution activity, IDEA requires each State to establish, implement and maintain procedural safeguards related to mediation, written state complaints and due process complaints. While States must adhere to the federal requirements under IDEA, there is variability in how States fulfill these requirements. To assist States in implementing effective and efficient early intervention dispute resolution systems that align with IDEA, CADRE has developed or curated a number of resources for each required process, including customizable manuals, links to commonly used OSEP resources, and much more.

Three people sitting in mediation
Mediation
two people looking at a computer screen
State Complaints
woman sitting at desk listening to someone else speak
Due Process Complaints

Optional Prevention & Early Resolution Practices

CADRE strongly encourages States to have infrastructure in place to support the prevention and early resolution of early intervention disputes. Strong infrastructures include well-defined policies and procedures, sufficient resource allocation, trained staff and providers, mechanisms for access and delivery of services, and more.

For more information, visit:

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Collect and Report Required Dispute Resolution Data

Each Lead Agency is required to report dispute resolution data as part of the Annual Mandatory Collection of Elementary and Secondary Education Data. There are two submissions that require specific dispute resolution data:

First is the IDEA Part C Dispute Resolution Survey, commonly referred to as 618 data. This survey provides the U.S. Department of Education information on the counts of occurrences for the following:

  • Written, signed complaints
  • Mediation requests
  • Due process complaints

The data collected using this survey is required by the Individuals with Disabilities Education Act (IDEA), Section 618. The data are also used for monitoring the programs and activities under IDEA and reported by the Office of Special Education Programs (OSEP)’s Annual Report to Congress on the Implementation of IDEA. The IDEA Part C Dispute Resolution Survey covers an entire year of counts. For example, the SY 2020-21 data collection reporting year is defined as July 1, 2020 through June 30, 2021. The window to submit the survey data is October - November.

Second is the reporting requirement that mandates States to submit data through EDFacts to complete their State Performance Plans (SPP) and Annual Performance Reports (APR). While the submissions require data from a variety of sources, there are indicators focused on dispute resolution, specifically C9 (percentage of hearing requests resolved through resolution session settlement agreements) for States that have adopted Part B procedures, and C10, (percentage of mediations held that resulted in mediation agreements). The data used to calculate these percentages are collected under Section 618 of the IDEA Part C Dispute Resolution Survey. The federal APR Tool will be open from January -  February.

For information on EDFacts and EMAPS for dispute resolution reporting, see The U.S. Department of Education: The EDFacts Initiative.

Find Out About Your State Specific Procedures and Activity

It’s important to have a good grasp of how your DR system functions, what’s working well, as well as where there are opportunities for improvement. The CADRE Part C Dispute Resolution System Self-assessment Tool can help guide your assessment process. The intent of the assessment is two-fold: (1) to provide a baseline for describing where your State dispute resolution system is now, and (2) to help individuals involved in DR system improvement efforts to begin thinking in a common framework.  

-    File CADRE’s Dispute Resolution System Self-assessment Tool (Accessible version coming soon!)

For more information on how to assess, plan for, and operationalize the required IDEA processes as well as other early resolution options, visit CADRE’s Improving Your System suite of online resources or contact CADRE for technical assistance at cadre@directionservice.org.

Ensure Policies and Procedures Align with IDEA and State Regulations

States also need to ensure that their DR policies and procedures align with IDEA and State Regulations. To assist you with this responsibility, CADRE has curated the following OSEP resources:

Check your state specific regulations to ensure they are consistent with the federal regulations.

Learn More

Visit www.cadreworks.org/about-us/cadres-products-and-services. Contact CADRE for individual technical assistance at cadre@directionservice.org.

Create Your Professional Learning Network

Learn how other states are implementing administrative requirements. Share your knowledge and expertise with others.

  • Post, respond, and view queries on CADRE’s secure listserv
  • Attend CADRE’s National Symposia
  • Participate in CADRE and ECTA’s early intervention dispute resolution learning community
  • Connect with an experienced DR Coordinator
  • Connect with your Part B counterpart

CADRE would like to thank the following stakeholders for their valuable input during the creation of the Early Intervention Dispute Resolution Manuals:

  • Monica Paris, Program Consultant for the Division of Children’s Medical Services, Bureau of Early Steps and Newborn Screening, Florida Department of Health
  • Melaine Shepard, Human Services Program Specialist for the Idaho Infant Toddler Program, Department of Health and Welfare
  • Elisabeth Teller, Connecticut Birth to Three System, Office of Early Childhood
  • Sharon Walsh, Early Childhood Technical Assistance Center (ECTA)