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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In the matter of Arons: Construction of the IDEA’s lay advocate provision too narrow?

Lay advocates are prohibited from representing parents and children in d.p. hearings under Arons. Part III of this article presents new empirical findings related to the supply of attorneys and lay advocates available to represent parents at any cost and at a reduced cost. Survey was sent to state...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

Law, culture, and children with disabilities: Educational rights and the construction of difference.

Pre-IDEA. Discusses research on use of interdisciplinary Committees on Special Education (CSE) when creating IEP. Discusses parental views and impressions and their effects on the decision-making process. When parents understood the role and perspective of the CSE members, their satisfaction with...Learn more

Lay advocates and parent experts under the IDEA.

The purpose of this article is to expand on the survey data provided in Seven and Zirkel (2002) and to trace the lower court case law between the two decisions related to Arons and the Supreme Court’s ruling in Arlington Central School District Board of Education v. Murphy. The interrelationship...Learn more

Making deals in court-connected mediation: What’s justice got to do with it?

This Article argues that particularly within the context of the courts, mediation should be expected to deliver to disputants an experience of justice, more commonly referred to as procedural justice. This Article applies the research findings and theories from the procedural justice literature to...Learn more

Maryland Special Education Due Process Decisions: A Closer Look at the Issues and Outcomes

School districts are responsible for providing eligible students with disabilities with a Free Appropriate Public Education (FAPE). Parents of eligible students with disabilities have three complaint mechanisms available when there are disputes with the school district regarding FAPE. One of those...Learn more

Mediation as an alternative method of dispute resolution for the individuals with disabilities education act: A just proposal?

Reports results of Pennsylvania Due Process studies, which examined whether justice is promoted by the IDEA’s due process model. Study found that if parents have the ability to influence the admin. hearings, objective justice was promoted. If the parents were unable to use the process to their...Learn more

New amendments to resolving special education disputes: Any good IDEAs?

In this article the author discusses the Individuals with Disabilities Education Improvement Act of 2004 which amends fundamental sections of the existing federal special education law. The Amending Act includes a provision requiring a resolution session prior to a due process hearing when parents...Learn more

Parents may self-represent in IDEA cases.

The author presents the results of Winkelman v. Parma City School District. The U.S. Supreme Court ruled that parents may represent their children in special education disputes without hiring an attorney.Learn more

Policy-to-Practice—A Portraiture Study of Special Education Implementations to Improve Student Outcomes through Mediation

Abstract: Improving student outcomes for students with disabilities is the primary goal of the Individuals with Disabilities Education Act (IDEA). The IDEA charges school districts to collaborate closely with parents to design and execute an individualized education program (IEP) that allows...Learn more

Problems in due process: Factors which result In more adversarial procedures.

It is the purpose of this report to examine procedural safeguards beginning with the initial parent-school communication and continuing through notification, evaluation, programming, to the due process hearing in order to determine which factors at which points in the process result in more...Learn more

Putting square pegs into round holes: Mediation and the rights of children with disabilities under the IDEA.

This Article examines whether or not a mediation process can be created that fits squarely into the goals of the IDEA. Mediation has become the preferred method for settling disputes under the IDEA between schools and families. Article discusses prior research that found high rates of settlement,...Learn more

Representation in Mediation: What We Know from Empirical Research

This article provides an overview of research on representation in mediation, presenting both original research and a review of existing studies. With a primary focus on court-connected civil cases, Wissler explains "different mediation programs appear to have reached different conclusions about...Learn more

Resolution meetings: State supports and practices.

This In-Brief Policy Analysis is based on a survey sent to all special education units of state education agencies and interviews with eight states. Findings are synthesized for types of supports provided, frequency of resolution meetings, factors that impact the use of resolution meetings, and...Learn more

Schaffer v. Weast’s Effects on California Special Education Hearing Decisions

This research examined the associations between Schaffer v. Weast (2005) and special education due process hearing decisions in California. Using a database we coded from the state’s due process hearings for cases that reached a decision (years 1995–2019), this study analyzed (1) how legal...Learn more

Schools beat back demands for special-ed services.

In this article, the author discusses challenges parents face when they disagree with school districts over special education services. Specific cases are presented and discussed.Learn more

Special education attorney’s fees: of Buckhannon, the IDEA reauthorization bills, and the IDEA as civil rights statute.

Pt. IV, “Empirical Research on IDEA Disputes.” Focuses on costs and attorney’s fees, but also includes information on prevalence and dynamic of the disputes. First data mentioned is from 1989 report by GAO. Between 1984 and 1988, more disputes appeared to be resolved informally, as numbers of...Learn more

Special education law and children with reading and other disabilities.

This article offers an overview of special education laws and their impacts on children with reading and other disabilities. It identifies some of the tensions in sorting decisions that place such children in "special" or "regular" classroom settings. It examines the definition of children with...Learn more

Spotlight on Students With Disabilities

This brief discusses survey results about districts’ perceptions of the ease with which they were able to provide services for students with disabilities and to comply with federal law governing the education of students with disab ilities.Learn more

State educational agencies and special education: Obligations and liabilities.

Disputes between parents of children with disabilities and school officials regarding the special education of children with disabilities are reaching courts with greater frequency. Although a vast majority of disputes under the Individuals with Disabilities Education Act (hereinafter "the IDEA")...Learn more

The IDEA and the Use of Mediation and Collaborative Dispute Resolution in Due Process Disputes

Abstract This Comment discusses the future of alternative dispute resolution in special education conflicts by first examining a brief history of the IDEA and the areas it covers. Due process complaints under the IDEA and mediation as a solution to due process complaints will then be addressed...Learn more

The Legal Boundaries for Impartiality of IDEA Hearing Officers: An Update

The role of attorneys in special education mediation. Briefing paper.

This briefing paper examines the role of attorneys, and to a lesser extent advocates, in special education mediation. It attempts to "mediate" the debate by adopting the structure of mediation. It begins with a background chapter offering a historical basis for conflict resolution in special...Learn more

The state of the art of collaboration on behalf of students with disabilities

Cook and Friend define collaboration as “a style professionals select to employ based on mutual goals; parity; shared responsibility for key decisions; shared accountability for outcomes; shared resources; and the development of trust, respect, and a sense of community” (p.3). This article explores...Learn more

The Supreme Court, Endrew, and the Appropriate Education of Students With Disabilities

In this article, we analyze the Supreme Court’s decision in Endrew F. v. Douglas County School District RE-1 (2017), interpreting the Individuals with Disabilities Education Act (IDEA) and its provisions creating a right of every student with a disability to have an appropriate education. We...Learn more

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

In the matter of Arons: Construction of the IDEA’s lay advocate provision too narrow?

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

Law, culture, and children with disabilities: Educational rights and the construction of difference.

Lay advocates and parent experts under the IDEA.

Making deals in court-connected mediation: What’s justice got to do with it?

Maryland Special Education Due Process Decisions: A Closer Look at the Issues and Outcomes

Mediation as an alternative method of dispute resolution for the individuals with disabilities education act: A just proposal?

New amendments to resolving special education disputes: Any good IDEAs?

Parents may self-represent in IDEA cases.

Policy-to-Practice—A Portraiture Study of Special Education Implementations to Improve Student Outcomes through Mediation

Problems in due process: Factors which result In more adversarial procedures.

Putting square pegs into round holes: Mediation and the rights of children with disabilities under the IDEA.

Representation in Mediation: What We Know from Empirical Research

Resolution meetings: State supports and practices.

Schaffer v. Weast’s Effects on California Special Education Hearing Decisions

Schools beat back demands for special-ed services.

Special education attorney’s fees: of Buckhannon, the IDEA reauthorization bills, and the IDEA as civil rights statute.

Special education law and children with reading and other disabilities.

Spotlight on Students With Disabilities

State educational agencies and special education: Obligations and liabilities.

The IDEA and the Use of Mediation and Collaborative Dispute Resolution in Due Process Disputes

The Legal Boundaries for Impartiality of IDEA Hearing Officers: An Update

The role of attorneys in special education mediation. Briefing paper.

The state of the art of collaboration on behalf of students with disabilities

The Supreme Court, Endrew, and the Appropriate Education of Students With Disabilities

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