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

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

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

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

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

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

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

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

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

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 attorney’s fees: of Buckhannon, the IDEA reauthorization bills, and the IDEA as civil rights statute.

Pt. IV, “Empirical Research on IDEA Disputes.” Focuses on costs and attorney’s fees, but also includes information on prevalence and dynamic of the disputes. First data mentioned is from 1989 report by GAO. Between 1984 and 1988, more disputes appeared to be resolved informally, as numbers of...Learn more

Special education due process hearings: Student characteristics, issues, and decisions.

This article presents findings from an analysis of special education due process hearing decisions rendered in Iowa from July 1, 1989, through June 30, 2001. Detailed information regarding specific issues of dispute and prevailing party is presented, with an emphasis on differences in issues...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

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

When parents and educators clash: Are special education students entitled to a Cadillac education?

Article is mostly theory; she does recommend mediation in her proposal for avoiding litigation section (pt. IV). Footnote 155 indicates that parties who request mediation have a 75-80% success rate of obtaining a favorable judgment for both parties in Texas, according to Susan Sellars, Program...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

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

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

Conflict management in early intervention: Procedural safeguards and mediation.

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

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

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.

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.

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.

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

Putting square pegs into round holes: Mediation and the rights of children with disabilities under the IDEA.

Special education attorney’s fees: of Buckhannon, the IDEA reauthorization bills, and the IDEA as civil rights statute.

Special education due process hearings: Student characteristics, issues, and decisions.

Special education law and children with reading and other disabilities.

State educational agencies and special education: Obligations and liabilities.

When parents and educators clash: Are special education students entitled to a Cadillac education?

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Literature Articles

Type

Filter by Process

Sphere

Program Measure

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