Indicator 17 | Due Process Timelines

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Close up of an hourglass, marking the amount of time passing.Updated, April 2013

When families and schools disagree regarding the education of a child with disabilities, IDEA provides them with multiple ways by which to resolve their dispute. These include: written State complaints, mediation, due process complaints, resolution meetings, and due process hearings.

Indicator 17, shown in bold below, deals with “due process timelines.” Indicators 16, 18, and 19 address other methods of resolving disputes under IDEA (State complaint, resolution meetings, and mediation, respectively). The four indicators are often discussed together, since they are fall under the overarching goal of “timely dispute resolution.”

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Percent of adjudicated due process hearing requests that were adjudicated within the 45-day timeline or a timeline that is properly extended by the hearing officer at the request of either party or in the case of an expedited hearing, within the required timelines. [20 U.S.C. 1416(a)(3)(B)]
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Resources to Support Data Gathering for Indicator 17

Guidance documents on Indicator 17.
http://therightidea.tadnet.org/assets/browse_by_folder?folder=152&folder_name=17%3A+Due+Process+Timelines

Resources from CADRE.
State programs under Part B and Part C of IDEA are required to submit an Annual Performance Report (APR) on their State Performance Plan (SPP) progress. CADRE has assembled resources to assist states with the four dispute resolution indicators (Indicators 16, 17, 18, and 19) addressed in the SPP/APRs.
http://www.directionservice.org/cadre/sppresources.cfm

How are we doing?
What’s the current status on states’ timely resolution of disputes?  Find out in the synthesis below, from 2011. The status of Indicator 17 is discussed in combination with the other three indicators as well (16, 18, and 19), all of which deal with dispute resolution.
http://therightidea.tadnet.org/assets/1942

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Resources to Support Dispute Resolution

Understand each of the dispute resolution options under IDEA.
NICHCY devotes an entire section of its website to Dispute Resolution Options. There’s a quick overview, if you want to crash course or a fast refresher, and they are detailed explanations as well. Enter the section, at:
http://nichcy.org/schoolage/disputes/

Find the same information in Spanish.
http://nichcy.org/espanol/sobreidea/disputas/

Go to the experts at CADRE.
The Consortium 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. Lots of resources are available in both English and Spanish.
www.directionservice.org/cadre

Call on your state’s PTI.
Each state has a parent training and information center—-the PTI. These centers can be very helpful to families needing information and guidance about disputes with school systems concerning the education of their child with a disability. Find your PTI by visiting NICHCY’s State Resource Sheet page. Select your state, put the drop-down menu to Organizations for Parents, and the resource sheet will automatically display. The PTI will be listed in the results.
http://nichcy.org/state-organization-search-by-state

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NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY) is no longer in operation. Our funding from the U.S. Department of Education’s Office of Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free resources will remain available until September 30, 2014.