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 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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"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...Learn more

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;...Learn more

Access Granted: The Winkelman Case Ushers in a New Era in Parental Advocacy

Certain aspects of special education law concerning parental legal rights are not clear... "Specifically, there has been uncertainty whether non-lawyer parents have the right in court proceedings to challenge pro se the suitability of their child's special education services. The ambiguities of...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

Advocacy for young children under IDEA: What does it mean for early childhood educators?

This article explores the responsibility of early childhood educators to advocate for young children as both individuals and family members, reviewing legal and administrative guidance under the Individuals with Disabilities Education Act and exploring possible conflicts between family and...Learn more

Aligning or maligning? Getting inside a new IDEA, getting behind No Child Left Behind and getting outside of it all

Discusses the IDEA reauthorization bills from the House and Senate. House bill calls for voluntary binding arbitration. Senate bill requires states to spend funds to implement the mediation process required and to assist parents with ADR and due process.Learn more

Alternative dispute resolution: Panacea or anathema?

Article consists of mostly early theory about effectiveness of mediation. Author believes that special ed. disputes are one of the more appropriate contexts for mediation. Cites Singer & Nace study and states that special ed. mediation is successful in resolving the majority of these disputes,...Learn more

An IDEA schools can use: Lessons from special education legislation.

Article provides extensive background on nature and implications of IDEA legislation.Learn more

An Investigation of Facilitated Individualized Education Program Meeting Practice: Promising Procedures That Foster Family–Professional Collaboration

There is limited research about effective Individualized Education Program (IEP) meeting practices that promote family–professional collaboration. One emerging practice, the Facilitated IEP (FIEP) meeting, has recently gained national attention for its team-based approach. In this study, the...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

Bargaining and distribution in special education.

In this article the author focuses on the importance of parental involvement in the IEP process and argues that parents with poor bargaining skills are at a significant disadvantage when negotiating services for their children.Learn more

Beyond Involvement and Engagement: The Role of the Family in School–Community Partnerships

Research indicates that partnerships between schools and neighborhood communities support student learning, improve schools, and strengthen families and neighborhoods. These partnerships expand the traditional educational mission of the school to include health and social services for children and...Learn more

Building bridges with families: Honoring the mandates of IDEA

This article distills three lessons learned over the 30 years since IDEIA was first passed: 1) Families organize daily routines that balance their beliefs, resources, and needs and abilities. 2) Families vary greatly in how and how much they collaborate and participate in schooling activities. 3)...Learn more

Challenges in Interpreting Accountability Results for Schools’ Facilitation of Parent Involvement Under IDEA

[abstract] Parents’ involvement in their child’s education has been an important tenet of the Individuals with Disabilities Education Act. Under the special education accountability system that went into effect in 2005, states have been required to report annually to the federal government on the...Learn more

Chinese families' level of participation and experiences in IEP meetings.

The author investigated the level of participation and experiences of 5 Chinese parents of children with disabilities in individualized education program (IEP) meetings through observations and interviews. Results of the study suggested that the Chinese parents were dissatisfied with 12 of 15...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

Creeping judicialization in special education hearings?: An exploratory study.

This article describes an exploratory study using data from the Iowa Department of Education. The authors examined outcomes of 145 hearing officer decisions and seven judicial variables. Outcomes revealed that parents were successful in 32% of the cases, defendant in 60%, and 8% had mixed outcome...Learn more

Culture in Inclusive Schools: Parental Perspectives on Trusting Family-Professional Partnerships

This qualitative study improves understanding of parent perspectives about the factors that facilitate family-professional partnerships in schools recognized for inclusive practices. Five themes emerged from 11 focus groups consisting of parents of students with and without disabilities and with...Learn more

Disability matters: Toward a law school clinical model for serving youth with special education needs.

This article examines the role that law school clinics could play in remedying a gap in legal services for youth with special education needs while simultaneously enhancing law students' awareness and understanding of disabilities and providing students with unique skills. The authors show that the...Learn more

Do the “haves” come out ahead in alternative judicial systems? Repeat players in ADR.

Discusses compulsory arbitration in education. Some courts have upheld compulsory arbitration requirements under the ADA. Article argues that parties that are “repeat players” in ADR are vulnerable to power imbalances. Calls for more empirical work to test this.Learn more

Education for students with special needs: The judicially defined role of parents in the process.

The 1997 Amendments to the Individuals with Disabilities Education Act (IDEA) give parents an opportunity to participate in meetings with respect to the identification, evaluation, and educational placement of their children. This article discusses parental involvement under the IDEA, specifically...Learn more

Engaging Students and Parents in Transition-Focused Individualized Education Programs

*/ [Abstract] The reauthorizations of the Individuals With Disabilities Education Act emphasize that students and parents are to be considered equal partners in the individualized education program (IEP) process. This article addresses how to move from compliance with the law to facilitating...Learn more

Enhancing Collaborative Leadership Among Parents of Children with Disabilities: New Directions for Policy and Practice

Parent involvement and leadership have evolved over time and carry different meanings within various educational contexts in the United States. In special education, parent involvement includes the roles that parents of children with disabilities play in the development of their children’s...Learn more

Equity and advocacy expectations of culturally diverse families' participation in special education.

The authors contend that the equity and advocacy expectations imbedded in the legal mandate for parent participation in the special education decision-making process directly contradict the hierarchy of professional status and knowledge on which the positivist paradigm of professionalism is based,...Learn more

Evening the playing field: Tailoring the allocation of the burden of proof at IDEA due process hearing to balance children's rights and school's needs.

The Individuals with Disabilities in Education Act (the "IDEA") is a broad federal mandate intended to make a "free appropriate public education" available to all disabled students. More importantly, however, the IDEA encourages schools to enable parents to collaborate with their child's educators...Learn more

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

"I Didn't Sign Up For This!": Considering The Impact of Due Process On Teachers

A free appropriate education in the least restrictive environment: Promises made, promises broken by the Individuals with Disabilities Education Act.

Access Granted: The Winkelman Case Ushers in a New Era in Parental Advocacy

ADR: To be or…?

Advocacy for young children under IDEA: What does it mean for early childhood educators?

Aligning or maligning? Getting inside a new IDEA, getting behind No Child Left Behind and getting outside of it all

Alternative dispute resolution: Panacea or anathema?

An IDEA schools can use: Lessons from special education legislation.

An Investigation of Facilitated Individualized Education Program Meeting Practice: Promising Procedures That Foster Family–Professional Collaboration

Balancing acts: Dispute resolution in the U.S. and English special education law.

Bargaining and distribution in special education.

Beyond Involvement and Engagement: The Role of the Family in School–Community Partnerships

Building bridges with families: Honoring the mandates of IDEA

Challenges in Interpreting Accountability Results for Schools’ Facilitation of Parent Involvement Under IDEA

Chinese families' level of participation and experiences in IEP meetings.

Conflict management in early intervention: Procedural safeguards and mediation.

Creeping judicialization in special education hearings?: An exploratory study.

Culture in Inclusive Schools: Parental Perspectives on Trusting Family-Professional Partnerships

Disability matters: Toward a law school clinical model for serving youth with special education needs.

Do the “haves” come out ahead in alternative judicial systems? Repeat players in ADR.

Education for students with special needs: The judicially defined role of parents in the process.

Engaging Students and Parents in Transition-Focused Individualized Education Programs

Enhancing Collaborative Leadership Among Parents of Children with Disabilities: New Directions for Policy and Practice

Equity and advocacy expectations of culturally diverse families' participation in special education.

Evening the playing field: Tailoring the allocation of the burden of proof at IDEA due process hearing to balance children's rights and school's needs.

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