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 free appropriate education in the least restrictive environment: Promises made, promises broken by the Individuals with Disabilities Education Act.
Section II of this Comment reviews the statutory and common-law roots of IDEA and summarizes the resultant legislation. Section III of this Comment addresses specific controversial policies of the Act. Specifically, Section III focuses on the inconsistencies within the mandates of: free education;...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 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
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
Advocating for Students With Disabilities at the School Level
[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...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 IDEA schools can use: Lessons from special education legislation.
Article provides extensive background on nature and implications of IDEA legislation.Learn more
Analysis of Special Education Mediations in Texas, 2006-08
The purpose of this study was to explore variables which might influence the frequency of Texas special education mediations used for dispute resolution. Variables such as district size, location, economic level, and the State Accountability Rating were investigated and evaluated. In order to...Learn more
Applying systems‐based thinking to build better IEP relationships: a case for relational coordination
This paper explores methods by which the Individualized Education Plan (IEP) development process can be improved through the use of systems‐based thinking, specifically through the use of Gittell’s (2016) Relational Coordination Model. IEP development meetings have been described as meaningless...Learn more
Avoiding special education litigation in rural school districts.
The major purpose of the Individuals with Disabilities Education Act (IDEA) and its legislative predecessor: has shifted in the past 25 years from simply providing access to educational services to an emphasis on providing meaningful, measurable, and accountable programs to students with...Learn more
Beyond Involvement and Engagement: The Role of the Family in School–Community Partnerships
Research indicates that partnerships between schools and neighborhood communities support student learning, improve schools, and strengthen families and neighborhoods. These partnerships expand the traditional educational mission of the school to include health and social services for children and...Learn more
Beyond the Dotted Line: Empowering Parents From Culturally and Linguistically Diverse Families to Participate
Parent participation in the Individualized Education Program (IEP) process is a critical factor in improving the effectiveness of children’s special education programs and services. However, many families, particularly those from culturally and linguistically diverse (CLD) backgrounds, are...Learn more
Broken Promises: When Does a School's Failure to Implement an IEP Deny a Disabled Student a Free and Appropriate Public Education
This article advocates that cases regarding IEP implementation should be decided through a 'per se' approach, thus requiring that all aspects of the IEP are followed. To do otherwise denies a student of a free and appropriate public education. "IDEA has generated considerable litigation over what...Learn more
Can We Talk? Using Community–Based Participatory Action Research to Build Family and School Partnerships with Families of Color
Research has demonstrated persistent, disproportionally negative educational outcomes for students of color, causing national concern in this area. School personnel increasingly understand the need to engage with parents as educational partners, but parents of color may feel marginalized in these...Learn more
Challenges Providing Services to K-12 English Learners and Students with Disabilities during COVID-19
Due to the Coronavirus Disease 2019 (COVID-19) pandemic, almost all school districts rapidly shifted to distance learning in spring of the 2019-2020 school year. This shift laid bare both the logistical and instructional challenges of distance learning, particularly for English learners and...Learn more
Co-Teaching: An Illustration of the Complexity of Collaboration in Special Education
Abstract: Although collaboration among service providers has been a hallmark of special education almost since its inception, co-teaching, the sharing of instruction by a general education teacher and a special education teacher or another specialist in a general education class that includes...Learn more
Conflict resolution in the schools: A manual for educators.
Based on material developed by the National Institute for Dispute Resolution (NIDR), this practical resource guide shows principals, district administrators, counselors, and teacher educators how to diagnose conflicts, handle difficult confrontations, and implement appropriate mediation and problem...Learn more
COVID-19 and Students with Disabilities: A Snapshot of Legal Activity to Date
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...Learn more
Culture in Inclusive Schools: Parental Perspectives on Trusting Family-Professional Partnerships
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...Learn more
Engaging Students and Parents in Transition-Focused Individualized Education Programs
*/ [Abstract] The reauthorizations of the Individuals With Disabilities Education Act emphasize that students and parents are to be considered equal partners in the individualized education program (IEP) process. This article addresses how to move from compliance with the law to facilitating...Learn more