Literature Articles
Certain aspects of special education law concerning parental legal rights are not clear... "Specifically, there has been uncertainty whether non-lawyer parents have the right in court proceedings to challenge pro se the suitability of their child's special education services. The ambiguities of this...
As a result of recent federal legislation, states are required to provide mediation as a dispute resolution option to parents and school districts involved in special education disputes. Although states are mandated to provide mediation services, the law gives little guidance as to how states should...
[Abstract] Conflict between parents of children with disabilities and school district members has been an ongoing issue for decades. Special education administrators are often designated to address conflict with the intent to find an amicable resolution. Otherwise, conflict can lead to due process...
The ADA Mediation Guidelines for mediation providers are the product of a national Work Group convened to develop mediation practice Guidelines unique to conflicts arising under the Americans with Disabilities Act and to assist mediators to understand how to make mediations in any context accessible...
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...
This article analyzes cases in which courts or hearing officers have found that a child has been denied free and appropriate public education. The two most commonly-ordered remedies were reimbursement of tuition, and compensatory education. The author engages six questions: (1) What is the relative...
Article analyzes success of mediation, arbitration, summary jury trials in general. Most studies cited did not relate to special ed mediation but might be useful to inform methodology of future studies. Article reports some data on special ed mediations, finding higher correlation with parental...
[Introduction] "The Individuals with Disabilities Education Act, last amended in 2004 (IDEA 2004), encourages parents and educators to work collaboratively, emphasizing that as a team they are uniquely suited to make decisions that help improve the educational experiences and outcomes of children...
This article explores the responsibility of early childhood educators to advocate for young children as both individuals and family members, reviewing legal and administrative guidance under the Individuals with Disabilities Education Act and exploring possible conflicts between family and...
[Abstract] Parental perspectives regarding the utilization of professional advocates and attorneys is non-existent in the current academic literature base. The limited extant literature contains school personnel perspectives on the IEP process when advocates are involved. Thus, to investigate this...
[Abstract] The article discusses school and classroom level advocacy for special needs students, and provides advice for special education teachers on how to effectively advocate for their students to receive needed services and interventions. An overview of professional advocacy standards and the...
The purpose of this article is to discuss issues that can surface after a special education due process hearing. These include discontent, disagreement, and dissatisfaction. The author provides suggestions for school administrators for overcoming these barriers.
The following reports are available for this state: AL DR Summary 0913073pdf includes data from years 2003-2004, 2004-2005 & 2005-2006. Displayed for each year are the child count (ages 3 to 21, December 1 count), percent of school age served (ages 6 to 17), and reported and calculated values for...
Discusses the IDEA reauthorization bills from the House and Senate. House bill calls for voluntary binding arbitration. Senate bill requires states to spend funds to implement the mediation process required and to assist parents with ADR and due process.
Abstract: The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child...
This research examines consumer choices of alternative dispute resolution in light of the various costs and benefits associated with each of those choices. An agency theoretic framework is employed to model the buyer-dispute resolver dyad in terms of a principal and agent relationship. Costs of mode...
Mediation was required by the Individuals With Disabilities Education (IDEA) 1997, and resolution sessions were added to the IDEA 2004. This study examines the perceptions of 260 special education directors in Georgia, Massachusetts, Washington, and Wisconsin to determine their perceptions regarding...
All states are required to offer mediation services for the voluntary settlement of special education disputes after a due process hearing has been requested as a result of the 1997 Amendments to the Individuals with Disability Education Act (IDEA). However, Iowa is one of only a few states that...
Law has protected the educational right of students with handicapping conditions and their parents throughout the nation since 1975. All states have a process in place where parents or schools districts can request a due process hearing at the state level. There is substantial evidence that due...
Article consists of mostly early theory about effectiveness of mediation. Author believes that special ed. disputes are one of the more appropriate contexts for mediation. Cites Singer & Nace study and states that special ed. mediation is successful in resolving the majority of these disputes, and...
This article by Mary Grady is re-printed from the Winter-Spring 2011 edition of The Special EDge.
The relatively low overall frequency of expedited DPH decisions does not square with the complex and high-stakes nature of the IDEA provisions for disciplinary changes in placement. This may be attributable to the relative lack of resources of students with disabilities who are most vulnerable to...
Interviews with 22 parents who had participated in a special education appeals process, 16 school officials, and 6 mediators found 8 factors that escalate parent-school conflict: discrepant views of a child or a child's needs, knowledge, service delivery, reciprocal power, constraints, valuation...
A review of special-education court cases found that, while school district wins exceeded parent wins in due process hearings and appeals, the margin narrowed through litigation. The most predominant issue in dispute was placement in terms of parents seeking more restrictive settings. The Supreme...