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.

"Fair Adjudication”: Due Process Hearings Under The IDEA

ABSTRACT: Most of the litigation concerning the fairness of DPHs has focused on impartiality, with most of the claims targeting only the local, not the state, education agency. Recently, the fairness challenges have extended to other aspects of DPHs, such as the competence of hearing officers, and...
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"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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“Appropriate” Decisions Under the Individuals with Disabilities Education Act

This article offers analysis and recommendations concerning impartial hearing officers' (IHOs) decisions under IDEA, specifically in FAPE cases. [Excerpt from introduction] "The article consists of three successive parts. The first part provides observations and recommendations concerning the...
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A Brief Model for Explaining Dispute Resolution Options in Special Education

A comparison of mediation and the due process hearing as means for a resolution of disputes in special education.

In the Michigan Revised Administrative Rules for Special Education (1987) there are two methods listed for solving disputes in special education. They are: the Due Process Hearing and Mediation. Due Process Hearings are legalistic and adversarial while Mediations are based on negotiation and...
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A comparison of parents who initiated due process hearings and complaints in Maine.

This study explored the differences between parents who had initiated hearings and complaints and their perceptions of the processes. A document review, structured telephone interview, and focus group meetings were used to gather data. The subjects were 29 parents who had initiated complains and 31...
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A Longitudinal Study of Special Education Due Process Hearings in Massachusetts: Issues, Representation, and Student Characteristics

[Abstract] "Of the three formal dispute resolution procedures provided by the Individuals With Disabilities Education Act of 2004 (IDEA), due process hearings are the most costly in terms of time, fiscal resources, and impact on relationships between school personnel and parents. This study examined...
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A National Update of Case Law 1998 to the Present under the IDEA and Section 504/A.D.A.

Preface: This annotated outline is a relatively comprehensive compilation of the published special education decisions under the Individuals with Disabilities Education Act (IDEA) and Section 504 (§ 504) or the Americans with Disabilities Act (ADA) for students from pre-K through grade 12, starting...
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A study of issues and costs to districts related to special education complaints, Mediation, and due process hearings in the state of Texas.

The purpose of this study was to analyze the increase in special-education complaints that may result in litigation and their cost to districts. The study included the analysis of data from a survey disseminated to all superintendents in Regions 1 and 2 in Texas, and an analysis of data from special...
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