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?
Specific Emphasis
A National Update of Case Law 1998 to the Present under the IDEA and Section 504/A.D.A.
Preface: This annotated outline is a relatively comprehensive compilation of the published special education decisions under the Individuals with Disabilities Education Act (IDEA) and Section 504 (§ 504) or the Americans with Disabilities Act (ADA) for students from pre-K through grade 12, starting...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
Due Process Hearing and Written State Complaint Activity for COVID-19 Issues: A Six-Month Snapshot
In addition to the alternative forms of dispute resolution under the Individuals with Disabilities Education Act (IDEA), the two decisional avenues are adjudicative and investigative. The adjudicative avenue starts with a due process hearing (DPH) and culminates in court proceedings. The...Learn more
Frontier justice: Adaptations of Nevada's IDEA complaint investigation process for rural/remote areas.
This paper describes the complaint investigation process for rural remote areas of Nevada as required by the Individuals with Disabilities Education Act (IDEA). Complaints are first filed with the Nevada Department of Education superintendent of public instruction. Complaints can be initiated by...Learn more
Impartial Hearings Under the IDEA: Updated Legal Issues and Answers
This updated question-and-answer document is specific to impartial hearing officers (IHOs) and the hearings that they conduct under the Individuals with Disabilities Education Act (IDEA). The coverage does not extend to the alternate third-party dispute decisional mechanism under the IDEA, the...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
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
Litigation and Students With Disabilities: A Persistent Concern
This article reviews recent litigation related to students with disabilities; it presents themes as well as five tables summarizing the facts and decisions in specific cases gathered by topic (see abstract for list). [Abstract] Special education litigation remains a volatile area with significant...Learn more
Special education trends and variations from the United States and United Kingdom (England), 1984 to 2014
This study provides an analysis of special education data from the United States and from the United Kingdom (England) to examine national trends and to provide a research baseline for benchmarking. After years of steady increases in the US and England, Individuals with Disabilities Education Act (...Learn more
State educational agencies and special education: Obligations and liabilities.
Disputes between parents of children with disabilities and school officials regarding the special education of children with disabilities are reaching courts with greater frequency. Although a vast majority of disputes under the Individuals with Disabilities Education Act (hereinafter "the IDEA")...Learn more
The state complaint procedure under the Individuals with Disabilities Education Act.
In a survey of Individuals with Disabilities Education Act (IDEA) complaint managers in 35 states, most respondents believed that neither educator nor parental awareness of the state complaint procedure had increased since its reinsertion into the 1992 IDEA regulations. A majority concluded that...Learn more
The third wave of due process: State special education complaint investigations.
This presentation outlines the complaint investigation process developed by the Maine Department of Education to ensure a timely response to complaints concerning special education services, and to provide third party mediation and arbitration as needed. Complaint procedures required under federal...Learn more