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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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
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; 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
Avoiding special education litigation in rural school districts.
The major purpose of the Individuals with Disabilities Education Act (IDEA) and its legislative predecessor: has shifted in the past 25 years from simply providing access to educational services to an emphasis on providing meaningful, measurable, and accountable programs to students with...Learn more
COVID-19 and Students with Disabilities: A Snapshot of Legal Activity to Date
The COVID-19 pandemic, which resulted in the closure of public schools in March 2020 and the return from remote to inperson instruction for varying periods depending on the state and locality, would appear to be a fertile field for legal activity under the Individuals with Disabilities Education...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
Legal options for resolving disputes in special education.
This article describes the legal mechanisms under the Individuals with Disabilities Education Act (IDEA) and Section 504 which provide alternatives to litigation and other legal activity. These mechanisms can be used to promote informal resolution of disputes between parents and school officials.Learn more
Maryland Special Education Due Process Decisions: A Closer Look at the Issues and Outcomes
School districts are responsible for providing eligible students with disabilities with a Free Appropriate Public Education (FAPE). Parents of eligible students with disabilities have three complaint mechanisms available when there are disputes with the school district regarding FAPE. One of those...Learn more
Mediation in Nebraska: An innovative past, a spirited present, and a provocative future.
Pre-IDEA amendment, NE enacted a Special Education Option through the NE Office of Dispute Resolution and Dept. of Ed. The mediation centers under this option provide public outreach, conflict resolution skills training, and mediation services for school districts and families involved in sped...Learn more
Putting square pegs into round holes: Mediation and the rights of children with disabilities under the IDEA.
This Article examines whether or not a mediation process can be created that fits squarely into the goals of the IDEA. Mediation has become the preferred method for settling disputes under the IDEA between schools and families. Article discusses prior research that found high rates of settlement,...Learn more
Special Education Directors’ Experiences Preventing and Responding To Requests for Due Process Hearings
This qualitative research study was conducted to (1) identify the leadership actions special education directors took to increase cooperation and mitigate conflict between families and schools and (2) analyze what special education directors experienced after receiving requests for impartial due...Learn more
Special education law and children with reading and other disabilities.
This article offers an overview of special education laws and their impacts on children with reading and other disabilities. It identifies some of the tensions in sorting decisions that place such children in "special" or "regular" classroom settings. It examines the definition of children with...Learn more
The efficacy of mediation in the resolution of parent-school special education disputes. Report from Rutgers: A working paper series.
The study reported here focused on whether some special education disputes are resolved more effectively and efficiently by mediation than by a due process hearing, and whether parents and school officials feel satisfied about the process, outcome, and implementation of the agreement. Researchers...Learn more
The perceptions of Illinois school administrators and parents regarding mediated special education disputes (due process, dispute resolution).
The purpose of this study was to determine if the process and outcome of mediation of disputes between Illinois parents and school administrators over special education issues were perceived to be a fair and satisfying alternative to the legally mandated conflict resolution process, the due process...Learn more
To what extent, if any, may cost be a factor in special education cases?
Analysis of caselaw. There is no uniform or ever dominant approach to evaluating the issue of cost in special education cases. Careful attention to relevant cases in each jurisdiction is of primary importance. Nevertheless, a few overall principles appear to be emerging across jurisdictions: •...Learn more