Date Published: Jun 1, 2020
Source: 
West’s Education Law Reporter
Authors: 
Gullo, G.L. & Zirkel, P.A.
Volume: 
382
Page Numbers: 
454-470
An article on trends related to Due Process Hearings for the years 2012-2017, comparing them to the previous six-year period on a per capita basis.

This article examines trends in Due Process Hearings across fifty-two jurisdictions, including the fifty states, Puerto Rico, and the District of Columbia. Questions addressed include,
1) For the period 2012-2017, what are the differences, if any, in ranking jurisdictions based on the numbers of adjudications and filings on a per capita basis instead of a simple count?
2) To what extent, if any, did the relative rankings for each of the DPH indicators change from the prior six-year period: (a) adjudications, (b) filings, and (c) filings-to-adjudications ratios?

Data show that a majority of jurisdictions differed markedly in adjudications, including Texas and Florida dropping more than twenty places, while Vermont and New Hampshire moved up considerably. The top three jurisdictions by adjudications, by count or per capita rate, remained District of Columbia, Puerto Rico, and New York; these three also saw the highest per capita rates of filings.

The ratio of filings-to-adjudications saw considerable movement among jurisdictions' rankings, as well.

Conclusions align with previous studies to suggest that litigiousness is attributable to several factors, including culture within each jurisdiction, availability of specialized attorneys, the structures related to education governance and special education, and the socioeconomic demography. After a call for more precise and nuanced research, the authors conclude that these trends reflect a shifting landscape toward less litigious dispute resolution processes.

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