Literature Articles

Si Ud tiene un hijo que recibe servicios de educación especial, es más que probable que esté involucrado en la escuela de su hijo y colaborando con sus profesores – esto incluye la planificación, la revisión y evaluación del programa educativo de su hijo. Con el tiempo, Ud aprenderá mucho sobre el...

This Article argues that particularly within the context of the courts, mediation should be expected to deliver to disputants an experience of justice, more commonly referred to as procedural justice. This Article applies the research findings and theories from the procedural justice literature to...

Implicit in the discourse on school discipline reform is the belief that utilizing positive school discipline practices , as opposed to suspension and classroom removal, will necessarily reduce the racially disproportionate representation of black and brown students in school discipline outcomes...

The purpose of this paper is both to examine the intention of Congress when developing the Individuals with Disabilities Education Act (IDEA), as well as to define the Act itself. It is hoped that upon reviewing and gaining some perspective of the Act's purpose and definition, that we can understand...

In this article Carol Frankl focuses on the implementation of a strategy to reduce the number of pupils with Individual Education Plans (IEPs) and so reduce the workload of special education needs coordinators (SENCOs). This can be achieved through the integration of special educational needs (SEN)...

In this article the author examines the concept of manifestation-determination (M-D), its evolution and criteria. The author states that with regard to M-D, the focus has shifted from the IEP to causality. The article provides a discussion related to this topic.

School districts are responsible for providing eligible students with disabilities with a Free Appropriate Public Education (FAPE). Parents of eligible students with disabilities have three complaint mechanisms available when there are disputes with the school district regarding FAPE. One of those...

Effective communication is essential for successful school–family partnerships. Written communication is most common due to the efficiency of written documents, but challenges include assuring the information disseminated to parents is accessible based on readability, clarity, complexity, and...

"What has disability got to do with conflict?" The disability itself is not the source of "conflict" between parties. Instead, it’s the perceptions or attitudes that lead to miscommunication and breakdowns in relations.

The author provides a narrative of his experiences in trying to mediate a special education dispute between a child adjudicated-as-an-adult in a maximum security prison in Mississippi and the State Department of Corrections and institution officials.

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As an alternative to litigation, mediation has been used to resolve conflicts in a cooperative manner to reflect the best interest of parties. Utilizing an archival research method, three sources of public statistical records from Central Ohio provided complete information about sociodemographic...

This survey of 50 states and 3 of 10 non-state U.S. jurisdictions concerning state due process procedures focuses mainly on the use of mediation as a form of dispute resolution that offers an alternative to due process hearings in special education. A background section discusses the definition of...

FOCUS on Results are brief guidance and technical assistance documents published periodically by the Michigan Department of Education, Office of Special Education and Early Intervention Services (OSE/EIS) to keep stakeholders up-to-date on current changes in rules and regulations, dispute resolution...

This report discusses the use of mediation and alternative dispute resolution approaches in special education disagreements between the school and the parents of a child with a disability. The procedural safeguards and due process provisions of the Individuals with Disabilities Education Act (IDEA)...

Reports results of Pennsylvania Due Process studies, which examined whether justice is promoted by the IDEA’s due process model. Study found that if parents have the ability to influence the admin. hearings, objective justice was promoted. If the parents were unable to use the process to their...

This synthesis paper examines the use of mediation to improve parent-school district communication and resolve disagreements in special education. It focuses on the development and implementation of mediation as a viable alternative to the formal hearing process under the Individuals with...

Discusses issues concerning the use of mediation to settle special education conflicts in the United States. Provisions of the Individual with Disabilities Education Act Amendments of 1997; requisite for the state to establish mediation to settle special education conflict and impact of mediation on...

Pre-IDEA amendment, NE enacted a Special Education Option through the NE Office of Dispute Resolution and Dept. of Ed. The mediation centers under this option provide public outreach, conflict resolution skills training, and mediation services for school districts and families involved in sped...

This resource manual presents information on mediation practices in special education disagreements between the school and parents. The manual provides an overview of requirements in the Individuals with Disabilities Education Act (IDEA) and gives definitions for alternative dispute resolution...

The report examines the use by two state governments of mediation to resolve disputes between schools and parents of handicapped children. Officials, parents, educators, and legal personnel from California and Massachusetts were interviewed, mediations were observed, mediation agreements examined...

This article presents a perspective for viewing mediation in resolving conflicts between parents and school personnel about the education of handicapped students. The appropriateness of mediation as well as its limitations are discussed, as are current uses of mediation in special education and...

[Excerpt from Introduction] This Article proceeds in four parts: first, it explores the power imbalance present when an attorney is prohibited from attending mediation. Second, this Article explains that attorney participation is essential for due process protection and how prohibition of such...

Defines special education mediation as “a process whereby the parties in dispute work towards a resolution with the help of a neutral third party, the mediator.” Defines roles of parties and mediator in the process. Lists advantages of mediation: parties control outcome, encourages them to work...

This paper discusses alternatives to court litigation in special education disputes between schools and parents of students with disabilities. It begins by describing problems with the current hearing process and dispelling myths about alternative dispute resolutions (ADR). The advantages and...