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 cadre@directionservice.org 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?
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A comparison of mediation and the due process hearing as means for a resolution of disputes in special education.
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...Learn more
A comparison of parents who initiated due process hearings and complaints in Maine.
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...Learn more
A Longitudinal Study of Special Education Due Process Hearings in Massachusetts: Issues, Representation, and Student Characteristics
[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...Learn more
A look at variables affecting parent satisfaction with IEP meetings.
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...Learn more
A National Picture of Parent and Youth Participation in IEP and Transition Planning Meetings
[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-...Learn more
A National Update of Case Law 1998 to the Present under the IDEA and Section 504/A.D.A.
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...Learn more
A Posture of Reciprocity: A Practical Approach to Collaboration Between Professionals and Parents of Culturally Diverse Backgrounds
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...Learn more
A Study of Factors that Contribute to Conflicts in Special Education between Parents and Schools: A Validation of Lake and Billingsley's Theory
[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,...Learn more
A study of issues and costs to districts related to special education complaints, Mediation, and due process hearings in the state of Texas.
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...Learn more
A Tale of Two Districts Fostering the Home-School Partnership: Conflict Prevention and Alternative Dispute Resolution Practices in Special Education
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...Learn more
Accountability In special education mediation: Many a slip 'twixt vision and practice?
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...Learn more
Actions Speak Louder than Words: How Do Special Education Administrators Prevent and Resolve Conflict with Families?
[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...Learn more
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...Learn more
Adjudicative Remedies for Denials of FAPE under the IDEA
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...Learn more
ADR: To be or…?
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...Learn more
Advocates and IEPs: Parental Perspectives and Solutions Schools Can Offer
[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...Learn more
Alternative dispute resolution in special education: A view from the field.
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...Learn more
Alternative dispute resolution under the Individuals with Disability Educational Act: A case study of early intervention mediation (Iowa).
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...Learn more
Alternative dispute resolution; An effective strategy for reducing special education due process hearings in California.
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...Learn more
An analysis of factors that contribute to parent-school conflict in special education.
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,...Learn more
An Examination of Group Facilitator Challenges and Problem-Solving Techniques During IEP Team Meetings
[abstract] Special education professionals serve as facilitators of Individualized Education Plan (IEP) team meetings. As special educators serve on many IEP teams during the course of an academic year, and as the member composition for each team varies, facilitators are confronted with a unique...Learn more
An Examination of Special Education Due Process Hearings
[Abstract] Due process is a key dispute resolution feature approved by Congress in accordance with the Individuals With Disabilities Education Act, whose goal is to facilitate resolution and minimize conflict. Nonetheless, despite 35 years of use, due process has become a difficult emotional and...Learn more
An Investigation of Facilitated Individualized Education Program Meeting Practice: Promising Procedures That Foster Family–Professional Collaboration
There is limited research about effective Individualized Education Program (IEP) meeting practices that promote family–professional collaboration. One emerging practice, the Facilitated IEP (FIEP) meeting, has recently gained national attention for its team-based approach. In this study, the...Learn more
Analysis of mediation and hearings to resolve parent-school disputes in special education.
Until recently, special education parent-school disputes in New Jersey were resolved using formal hearing procedures. Participant dissatisfaction with formal hearings has led to the use of an alternative form of dispute resolution, that is mediation. <P> The purpose of this study was to...Learn more