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 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 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 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
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
Decisional Remedies for Procedural Violations Under the IDEA: Lessons From and For the State Complaint Process
The Individuals with Disabilities Education Act (IDEA) provides two alternative decisional avenues for dispute resolution.1 The primary alternative is an impartial due process hearing (DPH), which is an adjudicative administrative mechanism. The other alternative, which is specified in the...Learn more
Due Process Hearing and Written State Complaint Activity for COVID-19 Issues: A Six-Month Snapshot
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...Learn more
Frequency Trends in the State Complaint Procedures Under the IDEA
Introduction: One of the most active areas of litigation in K-12 education is in special education, an area of litigation that has risen steadily since the 1980s. While the primary focus for analyzing litigation trends has been court cases, the Individuals with Disabilities Education Act (IDEA)...Learn more
Frontier justice: Adaptations of Nevada's IDEA complaint investigation process for rural/remote areas.
This paper describes the complaint investigation process for rural remote areas of Nevada as required by the Individuals with Disabilities Education Act (IDEA). Complaints are first filed with the Nevada Department of Education superintendent of public instruction. Complaints can be initiated by...Learn more
Impartial Hearings Under the IDEA: Updated Legal Issues and Answers
This updated question-and-answer document is specific to impartial hearing officers (IHOs) and the hearings that they conduct under the Individuals with Disabilities Education Act (IDEA). The coverage does not extend to the alternate third-party dispute decisional mechanism under the IDEA, the...Learn more
Legal boundaries for the IDEA complaint resolution process.
The purpose of this article is to discuss the complaint resolution process (CRP) and provide an annotated outline to synthesize the other pertinent primary sources of law—court decisions, hearing/review officer decisions, and Office of Special Education Programs (OSEP) policy letters —that fill in...Learn more
Legal options for resolving disputes in special education.
This article describes the legal mechanisms under the Individuals with Disabilities Education Act (IDEA) and Section 504 which provide alternatives to litigation and other legal activity. These mechanisms can be used to promote informal resolution of disputes between parents and school officials.Learn more
Litigation and Special Education: The Past, Present, and Future Direction for Resolving Conflicts Between Parents and School Districts
[Abstract] As we prepare for the upcoming reauthorization of the Individuals With Disabilities Education Act (IDEA), recommendations about restructuring dispute resolution options will likely surface. Conflict between parents and school districts has been a topic of high importance during previous...Learn more
Litigation and Students With Disabilities: A Persistent Concern
This article reviews recent litigation related to students with disabilities; it presents themes as well as five tables summarizing the facts and decisions in specific cases gathered by topic (see abstract for list). [Abstract] Special education litigation remains a volatile area with significant...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
Resolution meetings: State supports and practices.
This In-Brief Policy Analysis is based on a survey sent to all special education units of state education agencies and interviews with eight states. Findings are synthesized for types of supports provided, frequency of resolution meetings, factors that impact the use of resolution meetings, and...Learn more
Special Education Complaints Filed by Parents of Students With Autism Spectrum Disorders in the Midwestern United States
[Abstract] The number of students with autism spectrum disorders (ASD) receiving services in public schools is increasing steadily. However, the findings of previous research and recent litigation trends suggest that a notable disconnect persists between school-based services and parental...Learn more
Special education trends and variations from the United States and United Kingdom (England), 1984 to 2014
This study provides an analysis of special education data from the United States and from the United Kingdom (England) to examine national trends and to provide a research baseline for benchmarking. After years of steady increases in the US and England, Individuals with Disabilities Education Act (...Learn more
Special Educational Needs: Understanding Drivers of Complaints and Disagreements in the English System
This paper explores why some special educational needs (SEN) disagreements become very distressing for parents and how such disagreements can be prevented or resolved. It is a qualitative study of the experiences of 78 parents (70 mothers, eight fathers) who participated in a national study of...Learn more
State educational agencies and special education: Obligations and liabilities.
Disputes between parents of children with disabilities and school officials regarding the special education of children with disabilities are reaching courts with greater frequency. Although a vast majority of disputes under the Individuals with Disabilities Education Act (hereinafter "the IDEA")...Learn more
The state complaint procedure under the Individuals with Disabilities Education Act.
In a survey of Individuals with Disabilities Education Act (IDEA) complaint managers in 35 states, most respondents believed that neither educator nor parental awareness of the state complaint procedure had increased since its reinsertion into the 1992 IDEA regulations. A majority concluded that...Learn more