[Abstract]
Conflict between parents and school personnel continues to be an area of concern for students with disabilities, despite efforts by lawmakers to provide more parental input into the process of identification and continuation of special education services. Recent data suggest that unresolved conflict at the local level can cost a school district thousands of dollars to resolve the conflict in court, without consideration to the emotional costs that can be involved with this type of conflict resolution. Through mandates from IDEA 2004, alternative dispute resolution (ADR) strategies, such as facilitated individualized education program (FIEP) meetings, have been utilized to reduce these costs. FIEP meetings offer an alternative to costly litigation by utilizing a neutral third party to ensure all stakeholders involved in the FIEP meeting are focused on the best interests of the child. ADR strategies, specifically FIEP meetings, have not been widely researched. More than half the states utilize these meetings, therefore it is important to research what, if any, impact these meetings have on resolving conflict between stakeholders. This study examined the different types of ADR utilized across the states, specifically FIEP meetings, and data were collected regarding their effectiveness. Results revealed that the overarching perception regarding their effectiveness are positive; however, there are some limitations to these meetings and not all states collect and/or report data regarding FIEP meetings. Additionally, there are many different parameters regarding the implementation and use of FIEP meetings, including the training offered, compensation and case load for facilitators, and years these meetings have been offered state-wide. Implications and suggestions for future research are provided.
[Conclusion, p.106+]
Findings from this study support earlier research regarding the use of ADR strategies in lieu of more formal complaint procedures, as outlined by IDEA. While there were some limitations mentioned, overall qualitative data indicated more strengths were perceived by state respondents. Over half of the states in the United States offer FIEP meetings, with 15 states offering them for 6 or more years. None of the states involved in the study indicated they would stop offering FIEP meetings, but many did indicate that they are taking measures to provide more training, or more facilitators, or offer this option to more districts in the future. Results showed there is room for improvement especially in regard to consistency of how FIEP meetings are utilized and data reported, which is why results from this study are integral to this specific field. Data collected and analyzed can assist current states utilizing FIEP meetings, in addition to new states that propose adding this ADR strategy, gain perspective on what can be the most effective way to reduce conflict and provide viable services for students in special education.