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
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
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
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
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
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
Approaches to Dispute Resolution in Additional Support Needs in Scotland
This article presents interview research with education officials, parents and parent advocates concerning Scotland's experience with mediation in special education issues. The authors address the following questions: "(1) how are low-level intervention strategies used by schools and local...Learn more
Balancing acts: Dispute resolution in the U.S. and English special education law.
Compares special ed. law in US and England. States that the lack of legal representation for low-income parents during dispute resolution affects the fairness of the process, and that parents that don’t have legal advice during mediation are more likely to pursue a due process hearing. Those that...Learn more
Conflict management in early intervention: Procedural safeguards and mediation.
A study of state Part H coordinators investigated conflict management in early-intervention systems. Results found that 41 state agencies have already established a formal statewide mediation option for resolution of disputes related to Part H between families of infants and young children and...Learn more
Dispute resolution: A review of systems in selected states.
This report discusses findings of a study that investigated the resolution of disputes in the field of special education. Information was collected from ten states (Alabama, California, Illinois, Iowa, Maine, Massachusetts, Minnesota, Virginia, Washington, and Wyoming) on their current dispute...Learn more
Due process hearings: An update. Final report
This report presents data from all 50 states on due process hearings concerning the education of students with disabilities for the years 1992, 1993, and 1994. Data were gathered from a 1996 survey conducted by the National Association of State Directors of Special Education. This survey updates...Learn more
Evaluating the effectiveness of mediation as an alternative to the due process theory in special education. Final Report, 9/1/86-8/31/87.
This study examined the effectiveness of mediation (in comparison with due process hearings) in resolving disputes between parents of children with disabilities and school districts. Respondents (from 10 states) included 35 parents who had taken part in a mediation procedure only; 29 in a mediation...Learn more
Evaluation and cost estimation of special education mediation conferences in California (PL94-142).
Federal Law PL 94-142 provides handicapped children with appropriate education. Parents of handicapped children, if dissatisfied, can make and arbitrate a claim for a different education program for their child. In 1980, under this law California instituted mediation as a less expensive and...Learn more
Examining the Impact of Early Intervention, Parent Involvement and Family Characteristics on Preschool Special Education Student Outcomes over Time
UMI Number: 3495232 [Excerpts from abstract] "The study included secondary data analysis to examine the impact of several factors, including the Early Intervention program, demographic factors and potential mediating factors on preschool special education student outcomes. The Pre-elementary...Learn more
Examining the Impact of Special Education Dispute Resolution in Pennsylvania
UMI Number: 3510696 [Excerpts from abstract] "If a disagreement arises between parents and their school district, either party may request a special education due process hearing. However, several alternate options are available and encouraged for parties to consider for resolution of conflicts...Learn more
Grievance resolution in special education: A descriptive evaluation of the issues relating to mediation.
The purpose of this study was to identify the issues that arise in schools in relation to grievance in special education and to discover whether mediation may be a useful option in the resolution of grievances. The perspectives of parents of students with disabilities and primary principals were...Learn more
Identifying the Associated Factors of Mediation and Due Process in Families of Students with Autism Spectrum Disorder
[Abstract] "Compared to families of students with other types of disabilities, families of students with autism spectrum disorder (ASD) are significantly more likely to enact their procedural safeguards such as mediation and due process. However, we do not know which school, child, and parent...Learn more
Impact of the Resolution Meeting on Due Process in Special Education
[abstract] "The purpose of this study was to assess the effectiveness of the resolution meeting on due process in special education. The study focused on the impact of the resolution meeting on students and the school district by utilizing an analysis of data obtained from due process requests...Learn more
Improving special education mediation.
This article provides background information about special education and mediation and offers some points to consider for those interested in starting, improving or analyzing a special education mediation process. This article is based on the author's experience as a mediator as well as on site...Learn more
Is mediation a fair way to resolve special education disputes? First empirical findings.
Examines whether special ed. mediations are successful and looks at parents’ and schools’ perceptions of fairness, satisfaction with results, implementation of agreements, and looks at SES of parents, characteristics of children, wealth of districts, and presence of advocates. Authors collected...Learn more
Local alternative dispute resolution: Best practices in four California special education local plan areas.
The purpose of this study was to determine what were the best practices used by four Special Education Local Plan Areas (SELPAs) in California as they implemented local alternative dispute resolution (ADR) processes. Local ADR was also contrasted to state level due process mediations and hearings...Learn more