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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Conflict management in early intervention: Procedural safeguards and mediation.

A study of state Part H coordinators investigated conflict management in early-intervention systems. Results found that 41 state agencies have already established a formal statewide mediation option for resolution of disputes related to Part H between families of infants and young children and...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 Considerations for State Educations Agencies and IDEA Due Process Hearing Officers

This outline identifies some of the common issues that have come up during the COVID-19 outbreak and offers, where apropriate, some hearing process considerations for state educational agencies (SEA) and hearing officers.Learn more

Creeping judicialization in special education hearings?: An exploratory study.

This article describes an exploratory study using data from the Iowa Department of Education. The authors examined outcomes of 145 hearing officer decisions and seven judicial variables. Outcomes revealed that parents were successful in 32% of the cases, defendant in 60%, and 8% had mixed outcome...Learn more

Decisional Remedies for Procedural Violations Under the IDEA: Lessons From and For the State Complaint Process

The Individuals with Disabilities Education Act (IDEA) provides two alternative decisional avenues for dispute resolution. The primary alternative is an impartial due process hearing (DPH), which is an adjudicative administrative mechanism. The other alternative, which is specified in the...Learn more

Dispute resolution: A review of systems in selected states.

This report discusses findings of a study that investigated the resolution of disputes in the field of special education. Information was collected from ten states (Alabama, California, Illinois, Iowa, Maine, Massachusetts, Minnesota, Virginia, Washington, and Wyoming) on their current dispute...Learn more

District-Initiated Due Process Hearing Decisions Under the IDEA: Frequency and Outcomes

The Individuals with Disabilities Education Act (IDEA) is the primary federa legislation for special education in public schools. Its core obligation for school districts is the provision of a free appropriate public education (FAPE) to eligible students. The primary adjudicative mechanism, which...Learn more

Due Process Hearing and Written State Complaint Activity for COVID-19 Issues: A Six-Month Snapshot

In addition to the alternative forms of dispute resolution under the Individuals with Disabilities Education Act (IDEA), the two decisional avenues are adjudicative and investigative. The adjudicative avenue starts with a due process hearing (DPH) and culminates in court proceedings. The...Learn more

Due Process Hearing Systems Under the IDEA: A State-by-State Survey

The primary mechanism for dispute resolution under IDEA (Individuals with Disabilities Education Act) is a due process hearing. The total number of adjudicated hearings under IDEA has dropped from the high level during the latter part of the 1990s and the early part of the current decade. Yet...Learn more

Due process hearings under the IDEA.

The primary purpose of this article is to track the trend in the number of due process hearings that have been adjudicated (i.e., in which the hearing officer issued a written decision) nationally for the past 15 years. The secondary purpose is to rank order the states by the number of adjudicated...Learn more

Due Process Hearings Under The Individuals With Disabilities Education Act: Justice Delayed...

Abstract: The authors report the average duration of fully adjudicated hearings was much longer than the regulatory timeline, and only 15% of the standard decisions for the six-year period were completed within the 75-day timeline. They note the 75-day benchmark serves as a guideline goal, with the...Learn more

Due process hearings: 2001 update. Quick Turn Around (QTA).

This brief report presents state data from 10 years (1991-2000) on the number of special education due process hearings requested and the number actually held. It notes requirements for designing and conducting due process hearings under both federal (Individuals with Disabilities Education Act)...Learn more

Due process hearings: An update. Final report

This report presents data from all 50 states on due process hearings concerning the education of students with disabilities for the years 1992, 1993, and 1994. Data were gathered from a 1996 survey conducted by the National Association of State Directors of Special Education. This survey updates...Learn more

Due process hearings: Appeals for appropriate public school programs.

The article examines the issues raised by 51 Massachusetts due process appeals in which parents of handicapped children appealed for more appropriate placements within the public schools. Results are discussed in terms of identification issues, issues related to educational or related services, and...Learn more

Education for students with special needs: The judicially defined role of parents in the process.

The 1997 Amendments to the Individuals with Disabilities Education Act (IDEA) give parents an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of their children. This article discusses parental involvement under the IDEA, specifically...Learn more

Enforcing compliance with IDEA: Dispute resolution and apropriate relief.

This discussion of dispute resolution and remedies under the Individuals with Disabilities Education Act focuses on the due process hearing as well as alternative dispute resolution, appropriate relief, reimbursements, compensatory relief, punitive damages, and attorneys' fees. (ERIC)Learn more

Evaluating the effectiveness of mediation as an alternative to the due process theory in special education. Final Report, 9/1/86-8/31/87.

This study examined the effectiveness of mediation (in comparison with due process hearings) in resolving disputes between parents of children with disabilities and school districts. Respondents (from 10 states) included 35 parents who had taken part in a mediation procedure only; 29 in a mediation...Learn more

Evaluating the fairness of special education hearings.

This article discusses the experience of parents and school officials regarding the fairness of hearings in special education disputes. Explores disagreement among professionals about the assessment and placement of children with disabilities.Learn more

Evening the playing field: Tailoring the allocation of the burden of proof at IDEA due process hearing to balance children's rights and school's needs.

The Individuals with Disabilities in Education Act (the "IDEA") is a broad federal mandate intended to make a "free appropriate public education" available to all disabled students. More importantly, however, the IDEA encourages schools to enable parents to collaborate with their child's educators...Learn more

Every Day Counts: Proposals to Reform the IDEA's Due Process Structure

[Abstract] "It is a core principle of special education legislation that the parents of a disabled child can challenge the child’s educational programming through an administrative due process hearing. Yet, for years the special education due process structure has been criticized as inefficient,...Learn more

Examining the Impact of Special Education Dispute Resolution in Pennsylvania

UMI Number: 3510696 [Excerpts from abstract] "If a disagreement arises between parents and their school district, either party may request a special education due process hearing. However, several alternate options are available and encouraged for parties to consider for resolution of conflicts...Learn more

Expert Recommendations for the Future of Due Process in Special Education: A Delphi Study

Purpose. The purpose of this study was to identify recommendations that a Delphi panel of experts judged to be the most important for the future of due process in special education for avoiding due process hearings. The study also sought to determine and describe the degree of importance and...Learn more

Frontier justice: Adaptations of Nevada's IDEA complaint investigation process for rural/remote areas.

This paper describes the complaint investigation process for rural remote areas of Nevada as required by the Individuals with Disabilities Education Act (IDEA). Complaints are first filed with the Nevada Department of Education superintendent of public instruction. Complaints can be initiated by...Learn more

GAO: Mediation can help solve special education disputes.

This article discusses the U.S. General Accounting Office's (GAO) report on benefits of mediation in solving special education disputes. The role of mediation in providing viable resolutions to disputes between parents and schools over the education of disabled students is discussed as well as...Learn more

Identifying the Associated Factors of Mediation and Due Process in Families of Students with Autism Spectrum Disorder

[Abstract] "Compared to families of students with other types of disabilities, families of students with autism spectrum disorder (ASD) are significantly more likely to enact their procedural safeguards such as mediation and due process. However, we do not know which school, child, and parent...Learn more

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

Conflict management in early intervention: Procedural safeguards and mediation.

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

COVID-19 Considerations for State Educations Agencies and IDEA Due Process Hearing Officers

Creeping judicialization in special education hearings?: An exploratory study.

Decisional Remedies for Procedural Violations Under the IDEA: Lessons From and For the State Complaint Process

Dispute resolution: A review of systems in selected states.

District-Initiated Due Process Hearing Decisions Under the IDEA: Frequency and Outcomes

Due Process Hearing and Written State Complaint Activity for COVID-19 Issues: A Six-Month Snapshot

Due Process Hearing Systems Under the IDEA: A State-by-State Survey

Due process hearings under the IDEA.

Due Process Hearings Under The Individuals With Disabilities Education Act: Justice Delayed...

Due process hearings: 2001 update. Quick Turn Around (QTA).

Due process hearings: An update. Final report

Due process hearings: Appeals for appropriate public school programs.

Education for students with special needs: The judicially defined role of parents in the process.

Enforcing compliance with IDEA: Dispute resolution and apropriate relief.

Evaluating the effectiveness of mediation as an alternative to the due process theory in special education. Final Report, 9/1/86-8/31/87.

Evaluating the fairness of special education hearings.

Evening the playing field: Tailoring the allocation of the burden of proof at IDEA due process hearing to balance children's rights and school's needs.

Every Day Counts: Proposals to Reform the IDEA's Due Process Structure

Examining the Impact of Special Education Dispute Resolution in Pennsylvania

Expert Recommendations for the Future of Due Process in Special Education: A Delphi Study

Frontier justice: Adaptations of Nevada's IDEA complaint investigation process for rural/remote areas.

GAO: Mediation can help solve special education disputes.

Identifying the Associated Factors of Mediation and Due Process in Families of Students with Autism Spectrum Disorder

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