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 special-education hearing dockets for hearings held from January 1998 through October 1999. Responses were used to determine perceptions of district personnel with regards to special-education complaints. Descriptive data from the 1998 and 1999 Texas Educational Agency due-process hearing dockets were also used. Study conclusions include: (1) The term "free appropriate public education" is difficult to define but required by law for all students with an identified handicap; (2) a large number of complaints focus on parental disagreements with student placement and the requirement of least-restrictive environment, as well as on components of the individual education plan; (3) resolution at the district level is more cost effective than going to hearing; (4) a cooperative environment between the district and the parent increases the likelihood that a dispute will be resolved without the filing of an official complaint; and (5) the best defense for any district is to comply with federal and state procedural requirements at all times. (ERIC)
The Center for Appropriate Dispute Resolution in Special Education
Supporting the prevention and resolution of disputes through partnership and collaboration