Literature Articles
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...
This outline identifies some of the common issues that have come up during the COVID-19 outbreak and offers, where apropriate, some hearing process considerations for state educational agencies (SEA) and hearing officers.
This article describes an exploratory study using data from the Iowa Department of Education. The authors examined outcomes of 145 hearing officer decisions and seven judicial variables. Outcomes revealed that parents were successful in 32% of the cases, defendant in 60%, and 8% had mixed outcome...
The findings of 4 studies suggest that cultural values about power distance influence the way that people react to third-party authorities in a manner predicted by the relational model of authority (T. R. Tyler & E. A. Lind, 1992). Power-distance values reflect beliefs about the appropriate power...
This qualitative study improves understanding of parent perspectives about the factors that facilitate family-professional partnerships in schools recognized for inclusive practices. Five themes emerged from 11 focus groups consisting of parents of students with and without disabilities and with...
Jacket description: "With personal anecdotes, case examples, and detailed theoretical discussions, this book brings to light the potential impact of cultural assumptions on parent-professional interactions in special education. Essential reading for future teachers, it helps them become aware of and...
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...
Active parental involvement in the IEP process is strongly emphasized in IDEA. The underlying assumption of this expectation is that when parents are actively involved in making decisions regarding special education services and placement, their children benefit. However, according to Kalyanpur and...
[Abstract] Parents play a crucial role in their children's education, and their active involvement can lead to better outcomes. However, evidence suggests that parental engagement and confidence among perhaps the most vulnerable group of learners – those with special educational needs and...
Self-directed Individualized Education Programs (IEPs) allow students to assume leadership and become actively involved in the decisions made at their IEP meetings. This article describes how through direct instruction, social skills discussion, active practice, and role-playing students are...
This guide for parents of children with disabilities explains the basics of the special education process focusing on parent participation in the process of developing the child's individualized education program (IEP). The first section reviews the IEP process including what is involved, the IEP...
This article reports on extensive qualitative research (from 33 focus groups and 32 individual interviews) to identify which professional behaviors facilitate collaborative partnerships. Six themes emerged: communication, commitment, equality, skills, trust, and respect. Each is presented in depth...
[Summary in journal] Aron and Loprest trace the evolution of the special education system in the United States from its origins in the civil rights movement of the mid-twentieth century. They note the dual character of federal legislation, which both guarantees eligible children with disabilities...
This article examines the role that law school clinics could play in remedying a gap in legal services for youth with special education needs while simultaneously enhancing law students' awareness and understanding of disabilities and providing students with unique skills. The authors show that the...
[Abstract] Research shows disproportionate rates of suspensions and expulsions for youth of color and youth with special needs. Removing these students from schools at higher rates reinforces the education gap and puts them at a sustained disadvantage academically and socially. This thesis explores...
Reviews the advantages and disadvantages of common methods of conflict resolution used in special-education disputes. Argues that "principled negotiation" has been underutilized at the early phase of special-education disputes and shows promise as a means of settling many disputes without the need...
This report discusses findings of a study that investigated the resolution of disputes in the field of special education. Information was collected from ten states (Alabama, California, Illinois, Iowa, Maine, Massachusetts, Minnesota, Virginia, Washington, and Wyoming) on their current dispute...
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...
[Abstract] This study used negative binomial regression to investigate whether exposure to novice teachers and risk for identification for special education predicted suspension rates. Data from the 2009-2010 Civil Rights Data Collection (CRDC) was used. The sample was comprised of 72,168 schools...
Abstract: "Home–school partnerships in special education often include parent advocacy that at times requires specific and specialized knowledge, skills, and attitudes. Parent participation is shaped by access to cultural and social capital resources and is critical to assessment and service...
Mediation and other forms of alternative dispute resolution (ADR) grew rapidly in the last few decades as a result of high divorce rates, frequent conflicts between parting parents, the resulting administrative burden on courts, and especially concerns about damaging effects on children and...
This study evaluated levels of psychological distress experienced by children (aged 4–16) and parents at the beginning of and one month after mediation for child-related disputes. In contrast to previous research, this study employed both child- and parent-reports of child outcome. Mediation was...
Discusses compulsory arbitration in education. Some courts have upheld compulsory arbitration requirements under the ADA. Article argues that parties that are “repeat players” in ADR are vulnerable to power imbalances. Calls for more empirical work to test this.
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...