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.

A Brief Model for Explaining Dispute Resolution Options in Special Education

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 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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Complaint Procedure Systems Under the IDEA: A State-by-State Survey

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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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...
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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...
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Frequency Trends in the State Complaint Procedures Under the IDEA

Introduction: One of the most active areas of litigation in K-12 education is in special education, an area of litigation that has risen steadily since the 1980s. While the primary focus for analyzing litigation trends has been court cases, the Individuals with Disabilities Education Act (IDEA)...
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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...
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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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Legal boundaries for the IDEA complaint resolution process.

The purpose of this article is to discuss the complaint resolution process (CRP) and provide an annotated outline to synthesize the other pertinent primary sources of law—court decisions, hearing/review officer decisions, and Office of Special Education Programs (OSEP) policy letters —that fill in...
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