Literature Articles

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 (link sends email)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?

Literature Articles are currently under maintenance. Functionality is limited.

"Fair Adjudication”: Due Process Hearings Under The IDEA

ABSTRACT: Most of the litigation concerning the fairness of DPHs has focused on impartiality, with most of the claims targeting only the local, not the state, education agency. Recently, the fairness challenges have extended to other aspects of DPHs, such as the competence of hearing officers, and...
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"I Didn't Sign Up For This!": Considering The Impact of Due Process On Teachers

When conflict between schools and parents escalate to due process, there are repercussions. Teachers, whose work and testimony are generally vital elements in determining hearing decisions, are largely overlooked in the research. This paper introduces the impact that participating in due process has...
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“Appropriate” Decisions Under the Individuals with Disabilities Education Act

This article offers analysis and recommendations concerning impartial hearing officers' (IHOs) decisions under IDEA, specifically in FAPE cases. [Excerpt from introduction] "The article consists of three successive parts. The first part provides observations and recommendations concerning the...
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A Brief Model for Explaining Dispute Resolution Options in Special Education

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...
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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...
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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...
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A Framework for Providing Culturally Responsive Early Intervention Services

[Abstract] The purpose of this article is to provide a framework that offers a way for early intervention (EI) service providers to better meet the needs of the culturally diverse children and families they serve. This framework was created to organize existing research and literature on cultural...
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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...
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A Just Alternative or Just an Alternative? Mediation and the Americans with Disabilities Act

Certainly litigation in federal court is a critical component to implementing this vital civil rights statute, and mediation is not appropriate for every kind of disability employment rights case. However, mediation is not second-class justice either, and in many instances, with procedural...
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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 examined...
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A look at variables affecting parent satisfaction with IEP meetings.

A study examined the influence of professional etiquette, procedural factors, demographic factors, and child eligibility code factors on parent satisfaction with Individualized Education Programs (IEPs). Surveys and interviews were conducted with 207 parents in the Southwest border region whose...
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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 mediation
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