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 [email protected] 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?

Literature Articles are currently under maintenance. Functionality is limited.

"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 has...
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A Brief Model for Explaining Dispute Resolution Options in Special Education

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 Act...
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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...
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Impartial Hearings Under the IDEA: Updated Legal Issues and Answers

This updated question-and-answer document is specific to impartial hearing officers (IHOs) and the hearings that they conduct under the Individuals with Disabilities Education Act (IDEA). The coverage does not extend to the alternate third-party dispute decisional mechanism under the IDEA, the...
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Influential Factors Identified by Mediators and Attorneys for Settling Claims Under the Individuals with Disabilities Education Act

[article's conclusion, titled Implications for Practice] First, the findings of this limited national survey study confirm the general view that (1) settlement of IDEA disputes is often preferable to the compounding costs of the ponderous multilevel adjudicative process of the IDEA, and (2) the...
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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. Then...
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Trends in Impartial Hearings under the IDEA: A Comparative Update

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, did the previous six-year period's downward trends of adjudications and filings...
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