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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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 mediationLearn more
Accountability In special education mediation: Many a slip 'twixt vision and practice?
As a result of recent federal legislation, states are required to provide mediation as a dispute resolution option to parents and school districts involved in special education disputes. Although states are mandated to provide mediation services, the law gives little guidance as to how states...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
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
Analysis of Special Education Mediations in Texas, 2006-08
The purpose of this study was to explore variables which might influence the frequency of Texas special education mediations used for dispute resolution. Variables such as district size, location, economic level, and the State Accountability Rating were investigated and evaluated. In order to...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
Beyond mediation: Strategies for appropriate early dispute resolution in special education. Briefing paper.
This paper describes causes of special education conflict and explores alternative conflict management approaches being pioneered by state education agencies and school districts. The focus is on early informal dispute resolution strategies as alternatives to due process hearings and mediation...Learn more
Collaborating for our children’s future: Mediation of special education disputes
This article reviews the emergence of mediation in special education disputes, situating it within a continuum of dispute resolution processes. The authors discuss the trends toward collaboration in federal legislation from 1975's Education for All Handicapped Children Act through IDEA's...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
Examining the Impact of Early Intervention, Parent Involvement and Family Characteristics on Preschool Special Education Student Outcomes over Time
UMI Number: 3495232 [Excerpts from abstract] "The study included secondary data analysis to examine the impact of several factors, including the Early Intervention program, demographic factors and potential mediating factors on preschool special education student outcomes. The Pre-elementary...Learn more
Examining the Impact of Special Education Dispute Resolution in Pennsylvania
UMI Number: 3510696 [Excerpts from abstract] "If a disagreement arises between parents and their school district, either party may request a special education due process hearing. However, several alternate options are available and encouraged for parties to consider for resolution of conflicts...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
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
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
It’s Time for an Alternative Dispute Resolution Procedure
This article presents the case for arbitration as a fitting process for special education disputes. "the availability of arbitration as suggested [herein] would add two improvements to the IDEA dispute resolution system that experience shows are sorely needed: a more balanced “access to justice”...Learn more
Litigation and Special Education: The Past, Present, and Future Direction for Resolving Conflicts Between Parents and School Districts
[Abstract] As we prepare for the upcoming reauthorization of the Individuals With Disabilities Education Act (IDEA), recommendations about restructuring dispute resolution options will likely surface. Conflict between parents and school districts has been a topic of high importance during previous...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 and other alternative dispute resolution procedures in special education. Final report.
This report discusses the use of mediation and alternative dispute resolution approaches in special education disagreements between the school and the parents of a child with a disability. The procedural safeguards and due process provisions of the Individuals with Disabilities Education Act (IDEA...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 for special education conflicts: An opportunity to improve family-school relationships.
Discusses issues concerning the use of mediation to settle special education conflicts in the United States. Provisions of the Individual with Disabilities Education Act Amendments of 1997; requisite for the state to establish mediation to settle special education conflict and impact of mediation...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 in special education: A resource manual for mediators. Revised and updated.
This resource manual presents information on mediation practices in special education disagreements between the school and parents. The manual provides an overview of requirements in the Individuals with Disabilities Education Act (IDEA) and gives definitions for alternative dispute resolution...Learn more