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

Adjudication under the Individuals with Disabilities Education Act: Explicitly Plentiful Rights but Inequitably Paltry Remedies

This article proposes an invigoration in the exercise of the broad equitable authority of hearing officers under the Individuals with Disabilities Act. Providing a higher priority on, and an affirmative presumption for, remedying violations of the Act is in the interest of all parties, extending...
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An Analysis of Due Process Hearing Decisions for “Section 504-Only” Students

ABSTRACT: The purpose of this article is to address this gap in the professional literature through an exploratory analysis of the frequency and outcomes of due process hearings for Section 504-only students. Part I of this article provides a brief overview of the regulatory requirement for these...
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Beyond the Dotted Line: Empowering Parents From Culturally and Linguistically Diverse Families to Participate

Parent participation in the Individualized Education Program (IEP) process is a critical factor in improving the effectiveness of children’s special education programs and services. However, many families, particularly those from culturally and linguistically diverse (CLD) backgrounds, are...
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Burden Of Proof Under The IDEA: Does It Make A Difference In Due Process Decisions?

ABSTRACT: “Burden of proof” (BOP), under the Individuals with Disabilities Education Act (IDEA) has been a subject of continuing controversy despite the Supreme Court's 2005 decision in Schaffer v. Weast , which resolved the split among the federal circuits. This brief article (a) traces the...
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Challenges Providing Services to K-12 English Learners and Students with Disabilities during COVID-19

Due to the Coronavirus Disease 2019 (COVID-19) pandemic, almost all school districts rapidly shifted to distance learning in spring of the 2019-2020 school year. This shift laid bare both the logistical and instructional challenges of distance learning, particularly for English learners and students...
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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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District-Initiated Due Process Hearing Decisions Under the IDEA: Frequency and Outcomes

The Individuals with Disabilities Education Act (IDEA) is the primary federa legislation for special education in public schools. Its core obligation for school districts is the provision of a free appropriate public education (FAPE) to eligible students. The primary adjudicative mechanism, which...
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