Literature Articles

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...

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...

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...

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...

This document provides a comparison of the student-related similarities and differences between IDEA and two related acts, Section 504 of Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Comparisons are provided in tabular format, with the three acts across the top and...

[Abstract] The purpose of this article is to provide a framework that offers a way for early intervention (EI) service providers to better meet the needs of the culturally diverse children and families they serve. This framework was created to organize existing research and literature on cultural...

Section II of this Comment reviews the statutory and common-law roots of IDEA and summarizes the resultant legislation. Section III of this Comment addresses specific controversial policies of the Act. Specifically, Section III focuses on the inconsistencies within the mandates of: free education...

Certainly litigation in federal court is a critical component to implementing this vital civil rights statute, and mediation is not appropriate for every kind of disability employment rights case. However, mediation is not second-class justice either, and in many instances, with procedural...

[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...

A study examined the influence of professional etiquette, procedural factors, demographic factors, and child eligibility code factors on parent satisfaction with Individualized Education Programs (IEPs). Surveys and interviews were conducted with 207 parents in the Southwest border region whose...

Addresses the successes and challenges associated with mediation in special education disputes in Missouri. Reauthorization of the Individuals with Disabilities Education Act in June 1997 and National Association of State Disorders of Special Education's studies on mediation

Recognizes the benefits of mediation for easing special education conflicts, but addresses the inconsistencies and ambiguities created by the 1997 amendments to the Individuals with Disabilities Education Act (IDEA). Recommends that state and local education agencies use mediators certified in...

[Abstract} Two prospective longitudinal studies of nationally representative samples of students with disabilities—the Special Education Elementary Longitudinal Study and the National Longitudinal Transition Study–2—are used to provide a broad look at the participation of parents of 11- through 19...

The Pre-Elementary Education Longitudinal Study (PEELS) examines the preschool and early elementary school experiences of a nationally representative sample of 3,104 children ages 3–5 with disabilities from 2004 through 2009. This paper describes the special education and related services received...

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...

The number of due process hearings between parents of children with disabilities and school districts is growing nationwide. This litigation costs millions of dollars and destroys the relationships between the home and school envisioned during the creation of the Individuals with Disabilities...

On October 3, 2001, President George Bush established a Commission on Excellence in Special Education to collect information and study issues related to Federal, State, and local special education programs with the goal of recommending policies for improving the education performance of students...

[Abstract] Multiracial families make up the fastest growing demographic in the United States. Approximately 9% of the U.S. population is multiracial, and it is estimated that the numbers will climb to 21% by 2050. With this increasing population, educators have a new responsibility to meet the needs...

Abstract: The current emphasis on developing culturally responsive services for families of children with disabilities from culturally diverse backgrounds informs the need for professional self-awareness whereby professionals learn to recognize not only the cultural specificity of personal values...

This article outlines a research agenda that focuses on the use of ADR for civil money disputes that have already reached the filing stage. The author asks: What is actually going on in court-related ADR programs?, What is the effect on litigation and court costs?, Why is there a perception that ADR...

[abstract] + This article maps out the similarities and differences among the various routes to Individuals with Disabilities Education Act (IDEA) and Section 504 dispute resolution, including those not widely and well known to special education leaders. + For IDEA-eligible students, the alternative...

[Abstract] This quantitative research conducted in Southern California validated Lake and Billingsley’s (2000) Grounded Theory regarding factors causing conflicts in special education. This study found that discrepant views of a child or child’s needs, knowledge, service delivery, constraints...

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...

Abstract: "Conflict between parents of children with disabilities and school districts has become a national topic of concern. Parents and districts are continuing to rely on due process hearings to resolve conflict. This practice is emotionally and financially exhausting, and leaves no room for...