Literature Articles

This searchable database contains bibliographic information for literature (research-based and policy/practice) relating to dispute resolution in special education.

CADRE is interested in identifying additional articles and publications to include in this database. If you are aware of other such resources, please send an email to cadre@directionservice.org with as much information as possible about the resource (e.g., title, author, source, date), and include a copy of the publication or a URL link, if available. Interested in emerging research and knowledge gaps in IDEA dispute resolution?

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"I Didn't Sign Up For This!": Considering The Impact of Due Process On Teachers

When conflict between schools and parents escalate to due process, there are repercussions. Teachers, whose work and testimony are generally vital elements in determining hearing decisions, are largely overlooked in the research. This paper introduces the impact that participating in due process...Learn more

A Brief Model for Explaining Dispute Resolution Options in Special Education

A free appropriate education in the least restrictive environment: Promises made, promises broken by the Individuals with Disabilities Education Act.

Section II of this Comment reviews the statutory and common-law roots of IDEA and summarizes the resultant legislation. Section III of this Comment addresses specific controversial policies of the Act. Specifically, Section III focuses on the inconsistencies within the mandates of: free education;...Learn more

Adjudication under the Individuals with Disabilities Education Act: Explicitly Plentiful Rights but Inequitably Paltry Remedies

This article proposes an invigoration in the exercise of the broad equitable authority of hearing officers under the Individuals with Disabilities Act. Providing a higher priority on, and an affirmative presumption for, remedying violations of the Act is in the interest of all parties, extending...Learn more

An IDEA schools can use: Lessons from special education legislation.

Article provides extensive background on nature and implications of IDEA legislation.Learn more

Analysis of Special Education Mediations in Texas, 2006-08

The purpose of this study was to explore variables which might influence the frequency of Texas special education mediations used for dispute resolution. Variables such as district size, location, economic level, and the State Accountability Rating were investigated and evaluated. In order to...Learn more

Applying systems‐based thinking to build better IEP relationships: a case for relational coordination

This paper explores methods by which the Individualized Education Plan (IEP) development process can be improved through the use of systems‐based thinking, specifically through the use of Gittell’s (2016) Relational Coordination Model. IEP development meetings have been described as meaningless...Learn more

Avoiding special education litigation in rural school districts.

The major purpose of the Individuals with Disabilities Education Act (IDEA) and its legislative predecessor: has shifted in the past 25 years from simply providing access to educational services to an emphasis on providing meaningful, measurable, and accountable programs to students with...Learn more

Beyond Involvement and Engagement: The Role of the Family in School–Community Partnerships

Research indicates that partnerships between schools and neighborhood communities support student learning, improve schools, and strengthen families and neighborhoods. These partnerships expand the traditional educational mission of the school to include health and social services for children and...Learn more

Beyond the Dotted Line: Empowering Parents From Culturally and Linguistically Diverse Families to Participate

Parent participation in the Individualized Education Program (IEP) process is a critical factor in improving the effectiveness of children’s special education programs and services. However, many families, particularly those from culturally and linguistically diverse (CLD) backgrounds, are...Learn more

Broken Promises: When Does a School's Failure to Implement an IEP Deny a Disabled Student a Free and Appropriate Public Education

This article advocates that cases regarding IEP implementation should be decided through a 'per se' approach, thus requiring that all aspects of the IEP are followed. To do otherwise denies a student of a free and appropriate public education. "IDEA has generated considerable litigation over what...Learn more

Challenges Providing Services to K-12 English Learners and Students with Disabilities during COVID-19

Due to the Coronavirus Disease 2019 (COVID-19) pandemic, almost all school districts rapidly shifted to distance learning in spring of the 2019-2020 school year. This shift laid bare both the logistical and instructional challenges of distance learning, particularly for English learners and...Learn more

Conflict Engagement for Individualized Education Program Team Members

As professionals working in schools, we are often expected to function as teams to meet the unique needs of the children, youth, and families we serve. This provides us the opportunity to work with people of diverse experience, perspective, and expertise. In this context, we will encounter conflict...Learn more

COVID-19 and Students with Disabilities: A Snapshot of Legal Activity to Date

The COVID-19 pandemic, which resulted in the closure of public schools in March 2020 and the return from remote to inperson instruction for varying periods depending on the state and locality, would appear to be a fertile field for legal activity under the Individuals with Disabilities Education...Learn more

COVID-19 CONFUSION: COMPENSATORY SERVICES AND COMPENSATORY EDUCATION

Culture in Inclusive Schools: Parental Perspectives on Trusting Family-Professional Partnerships

This qualitative study improves understanding of parent perspectives about the factors that facilitate family-professional partnerships in schools recognized for inclusive practices. Five themes emerged from 11 focus groups consisting of parents of students with and without disabilities and with...Learn more

Engaging Students and Parents in Transition-Focused Individualized Education Programs

*/ [Abstract] The reauthorizations of the Individuals With Disabilities Education Act emphasize that students and parents are to be considered equal partners in the individualized education program (IEP) process. This article addresses how to move from compliance with the law to facilitating...Learn more

Failure to Implement the IEP: The Third Dimension of FAPE Under the IDEA

After distinguishing the development of “failure to implement” (FTI) the individualized education program (IEP) as a third dimension beyond the procedural and substantive dimensions of FAPE (free appropriate public education) first established in Board of Education v. Rowley , this article provides...Learn more

Father Involvement in Early Intervention: Exploring the Gap Between Service Providers’ Perceptions and Practices

The purpose of this exploratory study was to examine early intervention (EI) service providers’ perceptions of the roles played by fathers in services, as well as their perceptions of the barriers that limit fathers from being engaged in the services provided for families of children with...Learn more

Fathers’ Experiences With the Special Education System: The Overlooked Voice

Research about parent experiences with the special education system is largely dominated from mothers’ perspectives. This article will present a qualitative interview study of the overlooked voice: fathers of children with disabilities. Twenty fathers were interviewed about their experiences...Learn more

Guiding Principles: A Resource Guide for Improving School Climate and Discipline

[Executive summary - excerpts] Schools must be both safe and supportive for effective teaching and learning to take place. Three key principles can guide efforts to create such productive learning environments. First, work in a deliberate fashion to develop positive and respectful school climates...Learn more

Is mediation a fair way to resolve special education disputes? First empirical findings.

Examines whether special ed. mediations are successful and looks at parents’ and schools’ perceptions of fairness, satisfaction with results, implementation of agreements, and looks at SES of parents, characteristics of children, wealth of districts, and presence of advocates. Authors collected...Learn more

Legal and Research Considerations regarding the Importance of Developing and Nurturing Trusting Family-Professional Partnerships in Special Education Consultation

Legal options for resolving disputes in special education.

This article describes the legal mechanisms under the Individuals with Disabilities Education Act (IDEA) and Section 504 which provide alternatives to litigation and other legal activity. These mechanisms can be used to promote informal resolution of disputes between parents and school officials.Learn more

Measuring Accessibility of Written Communication for Parents of Students With Disabilities: Reviewing 30 Years of Readability Research

Effective communication is essential for successful school–family partnerships. Written communication is most common due to the efficiency of written documents, but challenges include assuring the information disseminated to parents is accessible based on readability, clarity, complexity, and...Learn more

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

"I Didn't Sign Up For This!": Considering The Impact of Due Process On Teachers

A Brief Model for Explaining Dispute Resolution Options in Special Education

A free appropriate education in the least restrictive environment: Promises made, promises broken by the Individuals with Disabilities Education Act.

Adjudication under the Individuals with Disabilities Education Act: Explicitly Plentiful Rights but Inequitably Paltry Remedies

An IDEA schools can use: Lessons from special education legislation.

Analysis of Special Education Mediations in Texas, 2006-08

Applying systems‐based thinking to build better IEP relationships: a case for relational coordination

Avoiding special education litigation in rural school districts.

Beyond Involvement and Engagement: The Role of the Family in School–Community Partnerships

Beyond the Dotted Line: Empowering Parents From Culturally and Linguistically Diverse Families to Participate

Broken Promises: When Does a School's Failure to Implement an IEP Deny a Disabled Student a Free and Appropriate Public Education

Challenges Providing Services to K-12 English Learners and Students with Disabilities during COVID-19

Conflict Engagement for Individualized Education Program Team Members

COVID-19 and Students with Disabilities: A Snapshot of Legal Activity to Date

COVID-19 CONFUSION: COMPENSATORY SERVICES AND COMPENSATORY EDUCATION

Culture in Inclusive Schools: Parental Perspectives on Trusting Family-Professional Partnerships

Engaging Students and Parents in Transition-Focused Individualized Education Programs

Failure to Implement the IEP: The Third Dimension of FAPE Under the IDEA

Father Involvement in Early Intervention: Exploring the Gap Between Service Providers’ Perceptions and Practices

Fathers’ Experiences With the Special Education System: The Overlooked Voice

Guiding Principles: A Resource Guide for Improving School Climate and Discipline

Is mediation a fair way to resolve special education disputes? First empirical findings.

Legal and Research Considerations regarding the Importance of Developing and Nurturing Trusting Family-Professional Partnerships in Special Education Consultation

Legal options for resolving disputes in special education.

Measuring Accessibility of Written Communication for Parents of Students With Disabilities: Reviewing 30 Years of Readability Research

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