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?

Type

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

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

Punishing the Vulnerable: Exploring Suspension Rates for Students With Learning Disabilities

*/ [Abstract] Students with learning disabilities are suspended at disproportionate rates in schools. Although research has shown the ineffectiveness of suspension as a disciplinary tool, school administrators continue to use it to combat behavior infractions. This column presents a review of the...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

Reducing parental dissatisfaction with special education in two school districts: Implementing conflict prevention and alternative dispute resolution.

Parental dissatisfaction with special education services is a national problem. This article presents two districts that have undergone systemwide changes to decrease the dissatisfaction of families who have children with disabilities. Using qualitative inquiry, the authors analyzed documents and...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

Restorative Justice in U.S. Schools: A Research Review

[Excerpt from Overview, p.1] This report presents information garnered from a comprehensive review of the literature on restorative justice (RJ)1 in U.S. schools. The purpose of our review is to capture key issues, describe models of RJ, and summarize results from studies conducted in the field...Learn more

Restorative practice and special needs: a practical guide to working restoratively with young people

Restorative Practice (RP) is an effective approach to discipline that has the potential to transform behaviour by focusing on building and restoring relationships. This practical guide explains how to implement restorative approaches with young people with special needs in educational or...Learn more

Review of Practices That Promote Self-Advocacy for Students With Disabilities

[Abstract] Self-advocacy skills for students with disabilities have been linked to elevated school retention rates and more successful adult outcomes. Test, Fowler, Brewer, and Wood examined evidence of self-advocacy practices published from 1972 to June 2004. As an update to their study, we...Learn more

Safeguarding procedures under the IDEA: Restoring the balance in the adjudication of FAPE

In the landmark case Board of Education v. Rowley in 1982, the Supreme Court concluded that FAPE has two prongs—procedural compliance and a less specific substantive standard. In the succeeding decades, the courts have gradually eroded the procedural dimension to the point of near distinction by...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

See You in Court! How to Avoid IDEA Transition–Related Mediations and Due Process Hearings

School compliance with the Individuals with Disabilities Education Act (IDEA) transition services language requirements in this country has been an issue of concern to parents of students with disabilities as well as special education attorneys and advocates for quite some time. Evidence exists in...Learn more

Service Administrators' Perception of Special Education Dispute Resolution in Downstate Illinois

Abstract (excerpts): Conflict resolution in special education uses scarce resources of time and money for school districts. Due to recent changes in law, there are limited entities with enough experience in dispute resolution to make a meaningful contribution to the study. The special education...Learn more

Social-Emotional Learning Program to Promote Prosocial and Academic Skills Among Middle School Students With Disabilities

[Abstract] This 3-year study evaluated the effectiveness of the Second Step–Student Success Through Prevention (SS-SSTP) socialemotional learning program on increasing prosocial behaviors that could serve as protective factors against peer conflict and bullying among students with disabilities...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 case law: An empirical trends analysis.

The authors examined the Education of the Handicapped Law Report (EHLR)/Individuals with Disabilities Education Law Report (IDELR) database to determine the frequency of occurrence and outcomes of published K-12 student special education decisions. Their analysis revealed three findings: first,...Learn more

Special Education Complaints Filed by Parents of Students With Autism Spectrum Disorders in the Midwestern United States

[Abstract] The number of students with autism spectrum disorders (ASD) receiving services in public schools is increasing steadily. However, the findings of previous research and recent litigation trends suggest that a notable disconnect persists between school-based services and parental...Learn more

Special education conflict management at the school building level: A multi-vocal synthesis

Research studies and commentaries have analyzed the formal mechanisms associated with special education conflict such as the use of mediation and impartial hearings to resolve disputes. However, specific information regarding the management of special education conflict at the school level is in...Learn more

Special Education Directors’ Experiences Preventing and Responding To Requests for Due Process Hearings

This qualitative research study was conducted to (1) identify the leadership actions special education directors took to increase cooperation and mitigate conflict between families and schools and (2) analyze what special education directors experienced after receiving requests for impartial due...Learn more

Special education due process hearings in Illinois.

The report analyzes the 314 special education due process hearings held in Illinois during 1978, 1979, and the first three months of 1980 and the 95 state level appeals from the hearing officer decisions with these 314 cases. Data are analyzed and reported by handicapping condition and issue...Learn more

Special education due process hearings: Student characteristics, issues, and decisions.

This article presents findings from an analysis of special education due process hearing decisions rendered in Iowa from July 1, 1989, through June 30, 2001. Detailed information regarding specific issues of dispute and prevailing party is presented, with an emphasis on differences in issues...Learn more

Special education due process: Hearing officer background and case variable effects on decisions outcomes.

The purpose of this paper is to review the effect that hearing officer background, and case variables have on decisions rendered during Individuals with Disabilities Education Act (IDEA) due process hearings. (Abstract from author)Learn more

Special Education Hearing Officers: Balance and Bias

Abstract The use of a simple 50%-50% box score of decisions for parents and districts, respectively, is a false measure of the impartiality of hearing officers under the Individuals with Disabilities Education Act (IDEA). This analysis canvasses relevant structural factors that the stakeholders,...Learn more

Special education trends and variations from the United States and United Kingdom (England), 1984 to 2014

This study provides an analysis of special education data from the United States and from the United Kingdom (England) to examine national trends and to provide a research baseline for benchmarking. After years of steady increases in the US and England, Individuals with Disabilities Education Act (...Learn more

Special education tuition reimbursement claims.

The ability of parents of children with disabilities to seek reimbursement for private school tuition is one of the most controversial aspects of special education law. Using a comprehensive sample of published court and hearing officer decisions regarding tuition reimbursement, this study,...Learn more

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

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

Punishing the Vulnerable: Exploring Suspension Rates for Students With Learning Disabilities

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

Reducing parental dissatisfaction with special education in two school districts: Implementing conflict prevention and alternative dispute resolution.

Representation in Mediation: What We Know from Empirical Research

Resolution meetings: State supports and practices.

Restorative Justice in U.S. Schools: A Research Review

Restorative practice and special needs: a practical guide to working restoratively with young people

Review of Practices That Promote Self-Advocacy for Students With Disabilities

Safeguarding procedures under the IDEA: Restoring the balance in the adjudication of FAPE

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

See You in Court! How to Avoid IDEA Transition–Related Mediations and Due Process Hearings

Service Administrators' Perception of Special Education Dispute Resolution in Downstate Illinois

Social-Emotional Learning Program to Promote Prosocial and Academic Skills Among Middle School Students With Disabilities

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

Special education case law: An empirical trends analysis.

Special Education Complaints Filed by Parents of Students With Autism Spectrum Disorders in the Midwestern United States

Special education conflict management at the school building level: A multi-vocal synthesis

Special Education Directors’ Experiences Preventing and Responding To Requests for Due Process Hearings

Special education due process hearings in Illinois.

Special education due process hearings: Student characteristics, issues, and decisions.

Special education due process: Hearing officer background and case variable effects on decisions outcomes.

Special Education Hearing Officers: Balance and Bias

Special education trends and variations from the United States and United Kingdom (England), 1984 to 2014

Special education tuition reimbursement claims.

Pages

AddToAny

The CADRE Continuum

Search form

You are here

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

Pages

AddToAny

The CADRE Continuum