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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Failure to Implement the IEP: The Third Dimension of FAPE Under the IDEA

After distinguishing the development of “failure to implement” (FTI) the individualized education program (IEP) as a third dimension beyond the procedural and substantive dimensions of FAPE (free appropriate public education) first established in Board of Education v. Rowley , this article provides...Learn more

Father Involvement in Early Intervention: Exploring the Gap Between Service Providers’ Perceptions and Practices

The purpose of this exploratory study was to examine early intervention (EI) service providers’ perceptions of the roles played by fathers in services, as well as their perceptions of the barriers that limit fathers from being engaged in the services provided for families of children with...Learn more

Fathers’ Experiences With the Special Education System: The Overlooked Voice

Research about parent experiences with the special education system is largely dominated from mothers’ perspectives. This article will present a qualitative interview study of the overlooked voice: fathers of children with disabilities. Twenty fathers were interviewed about their experiences...Learn more

Framing the Future: SelfDetermination

This article offers reflections and recommendations on self-determination of students with disabilities. [Abstract] "There is an established and still-growing evidence base that promoting self-determination has positive school and post-school benefits for students with disabilities, and yet efforts...Learn more

IDEA Special Education Resolution Meetings: A guide for parents of children and youth

The Individuals with Disabilities Education Improvement Act (IDEA 2004) and its final Part B Implementing Regulations describe how disagreements about special education services between parents and schools may be resolved. This guide for families will help readers to have a better understanding of...Learn more

IDEA Written State Complaints: Making the System More Accessible, Responsive and Equitable for Students with Disabilities

Identifying the Associated Factors of Mediation and Due Process in Families of Students with Autism Spectrum Disorder

[Abstract] "Compared to families of students with other types of disabilities, families of students with autism spectrum disorder (ASD) are significantly more likely to enact their procedural safeguards such as mediation and due process. However, we do not know which school, child, and parent...Learn more

In the matter of Arons: Construction of the IDEA’s lay advocate provision too narrow?

Lay advocates are prohibited from representing parents and children in d.p. hearings under Arons. Part III of this article presents new empirical findings related to the supply of attorneys and lay advocates available to represent parents at any cost and at a reduced cost. Survey was sent to state...Learn more

Initial review of research literature on ADR in special education.

This article describes a literature search process employed to identify research in ADR and special education, organizes some initial search results, briefly summarizes them, and raises important questions for the purpose of generating a future research agenda.Learn more

Is mediation a fair way to resolve special education disputes? First empirical findings.

Examines whether special ed. mediations are successful and looks at parents’ and schools’ perceptions of fairness, satisfaction with results, implementation of agreements, and looks at SES of parents, characteristics of children, wealth of districts, and presence of advocates. Authors collected...Learn more

Lay advocates and parent experts under the IDEA.

The purpose of this article is to expand on the survey data provided in Seven and Zirkel (2002) and to trace the lower court case law between the two decisions related to Arons and the Supreme Court’s ruling in Arlington Central School District Board of Education v. Murphy. The interrelationship...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

Making the IDEA Act work for families through quality mediation programming.

The purpose of this paper is both to examine the intention of Congress when developing the Individuals with Disabilities Education Act (IDEA), as well as to define the Act itself. It is hoped that upon reviewing and gaining some perspective of the Act's purpose and definition, that we can...Learn more

Mediation as an alternative method of dispute resolution for the individuals with disabilities education act: A just proposal?

Reports results of Pennsylvania Due Process studies, which examined whether justice is promoted by the IDEA’s due process model. Study found that if parents have the ability to influence the admin. hearings, objective justice was promoted. If the parents were unable to use the process to their...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

Mediation of special education disputes.

Defines special education mediation as “a process whereby the parties in dispute work towards a resolution with the help of a neutral third party, the mediator.” Defines roles of parties and mediator in the process. Lists advantages of mediation: parties control outcome, encourages them to work...Learn more

Navigating Special Education Disputes in Schools

Through a question-and-answer format, this article presents the views of two experienced special education attorneys on a number of ways in which parents and school districts can work together. They address communication, changes in law and regulations, and the valuable roles of IEP facilitation,...Learn more

New amendments to resolving special education disputes: Any good IDEAs?

In this article the author discusses the Individuals with Disabilities Education Improvement Act of 2004 which amends fundamental sections of the existing federal special education law. The Amending Act includes a provision requiring a resolution session prior to a due process hearing when parents...Learn more

Optional IDEA alternative dispute resolution.

This In-Depth Policy Analysis is the result of findings based on a survey sent to all special education units of state education agencies. The survey requested information about the use of 10 alternative dispute resolution processes not specifically required under IDEA, the extent of their use, and...Learn more

Parent beliefs and knowledge about special education and the Individuals with Disabilities Education Act.

The shifting emphasis within the Individuals with Disabilities Education Act (IDEA) legislation toward greater parental involvement is supported by the literature suggesting that engaging parents in their child's education will improve the effectiveness of schooling, especially programs directed...Learn more

Parental rights in the twenty-first century: parents as full partners in education.

This Article discusses relevant state and federal protections for parental rights in the education process. Part II discusses the provisions of Chapter 26 of the Texas Education Code, analyzes its principles, and relates some of the practical problems that arise under the Code. Part III discusses...Learn more

Parents and litigation: Insights from a special education law clinic.

The author argues that when parents threaten to sue, it’s time for the school to examine how well it is meeting the needs of special education students and their families. He draws on his experience with a cooperative project involving the School of Education and the School of Law at Seattle...Learn more

Parents may self-represent in IDEA cases.

The author presents the results of Winkelman v. Parma City School District. The U.S. Supreme Court ruled that parents may represent their children in special education disputes without hiring an attorney.Learn more

Parents' voices: ‘why and how we advocate’. A meta-synthesis of parents' experiences of advocating for their child with autism spectrum disorder

Parenting a child with autism spectrum disorder (ASD) can be stressful, and accessing services can add to this stress. Self-efficacy, agency and advocacy are important for parents when accessing and using services. To develop insight into parental advocacy, a meta-synthesis was undertaken to...Learn more

Parent–Teacher Conflict Related to Student Abilities: The Impact on Students and the Family–School Partnership

Family–school partnerships have a positive impact on both students and schools, yet they remain challenging to establish and maintain, particularly in the presence of parent–teacher conflict. The purpose of this qualitative study was to examine the experiences of parents, teachers, and students...Learn more

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

Failure to Implement the IEP: The Third Dimension of FAPE Under the IDEA

Father Involvement in Early Intervention: Exploring the Gap Between Service Providers’ Perceptions and Practices

Fathers’ Experiences With the Special Education System: The Overlooked Voice

Framing the Future: SelfDetermination

IDEA Special Education Resolution Meetings: A guide for parents of children and youth

IDEA Written State Complaints: Making the System More Accessible, Responsive and Equitable for Students with Disabilities

Identifying the Associated Factors of Mediation and Due Process in Families of Students with Autism Spectrum Disorder

In the matter of Arons: Construction of the IDEA’s lay advocate provision too narrow?

Initial review of research literature on ADR in special education.

Is mediation a fair way to resolve special education disputes? First empirical findings.

Lay advocates and parent experts under the IDEA.

Legal options for resolving disputes in special education.

Making the IDEA Act work for families through quality mediation programming.

Mediation as an alternative method of dispute resolution for the individuals with disabilities education act: A just proposal?

Mediation in Nebraska: An innovative past, a spirited present, and a provocative future.

Mediation of special education disputes.

Navigating Special Education Disputes in Schools

New amendments to resolving special education disputes: Any good IDEAs?

Optional IDEA alternative dispute resolution.

Parent beliefs and knowledge about special education and the Individuals with Disabilities Education Act.

Parental rights in the twenty-first century: parents as full partners in education.

Parents and litigation: Insights from a special education law clinic.

Parents may self-represent in IDEA cases.

Parents' voices: ‘why and how we advocate’. A meta-synthesis of parents' experiences of advocating for their child with autism spectrum disorder

Parent–Teacher Conflict Related to Student Abilities: The Impact on Students and the Family–School Partnership

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