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 process cases regarding special education issues have increased throughout the nation. Currently, the primary system in place in California for resolving disagreements regarding Special Education students is state mandated Due Process. Evidence suggests that resolution processes such as mediation and fair hearings do not foster positive working relationships nor build trust between a district and a parent to provide an appropriate education for the child. Because the number of families choosing state level due process is increasing in spite of all these drawbacks, it is critical to take a closer look at viable alternatives. One such alternative that California has begun to explore is Alternative Dispute Resolution (ADR). The purpose of this study was to identify conditions under which ADR programs implemented in selected SELPAs are successful in their efforts to reduce due process special education hearings throughout California. The three SELPAs studied were identified based on criteria defined by research of what is necessary to have successful ADR programs in the workplace, community, and educational setting. A demographics questionnaire and survey questions were used to gather data to develop a �blueprint� of components necessary for a successful ADR program in a SELPA or a school district. (ABSTRACT BY AUTHOR)