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 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 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
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 analysis of judicial outcomes of special education cases.
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...Learn more
Beyond mediation: Strategies for appropriate early dispute resolution in special education. Briefing paper.
This paper describes causes of special education conflict and explores alternative conflict management approaches being pioneered by state education agencies and school districts. The focus is on early informal dispute resolution strategies as alternatives to due process hearings and mediation...Learn more
Educators' Perceptions of Collaborative Planning Processes for Students With Disabilities
As schools emphasize accountability and academic progress for all students, professional collaboration is a critical aspect of planning accommodations and interventions that address the learning needs of diverse learners. To better understand collaborative processes, the authors investigated the...Learn more
Exceptionality and Parent-Professional Conflict: Causes, Prevention, and Resolution
[abstract] "A large number of due process hearings regarding the delivery of special education services to children with disabilities occur nationally and the number is increasing. Differences of opinion between professionals and parents concerning whether or not a child is disabled, the diagnosis...Learn more
Improving DR Practices for Diverse Families
To provide relief for families who disagree with their child’s educational program, the IDEA provides three types of dispute resolution: mediation, written state complaints, and due process hearings. While these options support constructive conflict engagement, many families find these processes...Learn more
Mediation in Nebraska: An innovative past, a spirited present, and a provocative future.
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...Learn more
Not quite protocols: Toward collaborative research in dispute resolution.
Experience suggests that practitioners and researchers often have conflict when trying to work together to increase knowledge of conflict management practices. This article suggests informal protocols for collaborative research efforts based on dialogues from the Hewlett-funded Theory to Practice "...Learn more
Parental rights in the twenty-first century: parents as full partners in education.
This Article discusses relevant state and federal protections for parental rights in the education process. Part II discusses the provisions of Chapter 26 of the Texas Education Code, analyzes its principles, and relates some of the practical problems that arise under the Code. Part III discusses...Learn more
Resolving conflicts with parents of handicapped children.
Urban educators often find themselves in conflict with parents of educationally handicapped students over program placement and services. Easily understood strategies for preventing these differences are presented. The dynamics of parent anger are discussed. School personnel are provided with a...Learn more
Special education hearings: Prevailing problems and practical proposals.
This article proposes improvements in independent due process procedures for the resolution of special educational disputes between parents and local educational agencies. The suggestions are based on empirical findings and on importable practices from labor arbitration and civil adjudication. The...Learn more
Special education law and children with reading and other disabilities.
This article offers an overview of special education laws and their impacts on children with reading and other disabilities. It identifies some of the tensions in sorting decisions that place such children in "special" or "regular" classroom settings. It examines the definition of children with...Learn more
Special education mediation.
Authors discuss experiences with successful special education mediations through an examination of cases focusing on common elements which have contributed to successful resolution. Provides definition of mediation; conflicts most often leading to mediation or due process; skills of mediators;...Learn more
Special education: Needless adversariness?
The author discusses the problem of balancing the incentive for appropriately serving students with disabilities and the transaction costs of an adversarial system of dispute resolution.Learn more
Strategies for resolving parent-school conflict.
This article examines the origins of parent-school conflict, identifies common errors that exacerbate difficulties, provides strategies for resolving conflicts and improving relationships, and proposes an alternate course of action if these approaches fail. Empathetic listening, trust building, and...Learn more
The School Discipline Consensus Report: Strategies from the Field to Keep Students Engaged in School and Out of the Juvenile Justice System
[Executive Summary] "Research and data on school discipline practices are clear: millions of students are being removed from their classrooms each year, mostly in middle and high schools, and overwhelmingly for minor misconduct. When suspended, these students are at a significantly higher risk of...Learn more
When it's not apparent: Some modest advice to parent advocates for students with disabilities.
Article focuses on advice to parents in working with schools to develop and implement IEPs. Author states that resorting to litigation has been increasingly unsuccessful, especially in the 9th Cir. where courts have repeatedly held that parents must exhaust all administrative proceedings and...Learn more
Why Does Collaboration Work? Linking Positive Psychology and Collaboration
This article explores connections between positive psychology, an area of recent attention across disciplines, and the attitudes and behaviors that mark collaborative relationships. Excerpts: "Fredrickson's Broaden-and-Build theory provides a compelling explanation for the promise of collaboration...Learn more
Working with families of at-risk and special needs students: A systems change model.
Presents a systems change model for school professionals who work with students who are at-risk or have special needs. Model of communication for use by educators and parents to aid their children. Provides procedures on how to lessen the problems encountered in applying the model such as attitudes...Learn more