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 Comprehensive Comparison of the IDEA and Section 504/ADA
This document provides a comparison of the student-related similarities and differences between IDEA and two related acts, Section 504 of Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Comparisons are provided in tabular format, with the three acts across the top and...Learn more
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 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 mediation strategy for special education disputes.
Addresses the successes and challenges associated with mediation in special education disputes in Missouri. Reauthorization of the Individuals with Disabilities Education Act in June 1997 and National Association of State Disorders of Special Education's studies on mediationLearn 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
Access Granted: The Winkelman Case Ushers in a New Era in Parental Advocacy
Certain aspects of special education law concerning parental legal rights are not clear... "Specifically, there has been uncertainty whether non-lawyer parents have the right in court proceedings to challenge pro se the suitability of their child's special education services. The ambiguities of...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
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
Advocacy for young children under IDEA: What does it mean for early childhood educators?
This article explores the responsibility of early childhood educators to advocate for young children as both individuals and family members, reviewing legal and administrative guidance under the Individuals with Disabilities Education Act and exploring possible conflicts between family and...Learn more
Aligning or maligning? Getting inside a new IDEA, getting behind No Child Left Behind and getting outside of it all
Discusses the IDEA reauthorization bills from the House and Senate. House bill calls for voluntary binding arbitration. Senate bill requires states to spend funds to implement the mediation process required and to assist parents with ADR and due process.Learn more
All Areas of Suspected Disability
Abstract: The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child...Learn more
Alternative dispute resolution: Panacea or anathema?
Article consists of mostly early theory about effectiveness of mediation. Author believes that special ed. disputes are one of the more appropriate contexts for mediation. Cites Singer & Nace study and states that special ed. mediation is successful in resolving the majority of these disputes,...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
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 IDEA schools can use: Lessons from special education legislation.
Article provides extensive background on nature and implications of IDEA legislation.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 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
Are published IDEA hearing officer decisions representative?
The authors of this study examined published hearing officer decisions under the Individuals with Disabilities Education Act to determine whether they were representative of the frequency and outcomes for the larger group consisting of published decisions and the much greater number of unpublished...Learn more
Are the Outcomes of Hearing (and Review) Officer Decisions Different for Pro Se and Represented Parents?
This article reviews thirty-five years of administrative decisions, seeking to understand any differences between families who were represented by attorneys at the hearing and families who were not. Significant differences were found, and the author notes that this correlation does not confirm...Learn more
Avoiding Procedural Errors in Individualized Education Program Development
This article reviews five common procedural errors in IEP development: - Not Including Students' Parents in the IEP Process - Predetermining a Student's IEP Services or Placement - Determining Placement Before Programming - Not Fielding an Appropriate IEP Team - Failing to Implement the IEP as...Learn more