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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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

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

Memos, Dear Colleague Letters, and Policy Letter of Import to IDEA Hearing Officers

National Trends in the Frequency and Outcomes of Hearing and Review Officer Decisions Under the IDEA: An Empirical Analysis

This article presents trends in hearing/review officer decisions under IDEA. Employing a sample of 361 cases from around the country, drawn randomly from thirty-five years of cases published in the Individuals with Disabilities Law Report, this research documents that a handful of jurisdictions...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

OSEP Policy Guidance for IDEA Impartial Hearing Officers

This annotated overview of the policy letters of the Office of Special Education Programs (OSEP) available on their website covers the period 2001 to the present. Among these IDEA policy interpretations, the selection is largely limited to those within the basic building blocks of the IDEA, free...Learn more

Outcome Trends in State Complaint Procedures Decisions Under the IDEA

The Individuals with Disabilities Education Act1 (IDEA) provides two alternative administrative, decisional dispute resolution mechanisms: due process complaints/hearing (DPH) and the state complaint system. The state complaint process has garnered far less attention than that devoted to DPH. To...Learn more

Over-due process revisions for the Individuals with Disabilities Education Act.

The author believes that the present system of due process under IDEA is neither in the best interest of the child nor the school system. The author identifies and discusses a number of problems with the due process procedures. A proposed solution is also presented and discussed.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

Questionable Initiation of Both Decisional Dispute Resolution Processes under the IDEA: Proposed Regulatory Interpretations

The IDEA provides a range of collaborative, investigative, and adjudicative avenues to resolve disputes between parents and schools related to IEPs. This article examines how the “decisional” processes of investigative complaint procedures (CP) and adjudicative due process hearings (DPH) relate to...Learn more

Safeguarding procedures under the IDEA: Restoring the balance in the adjudication of FAPE

In the landmark case Board of Education v. Rowley in 1982, the Supreme Court concluded that FAPE has two prongs—procedural compliance and a less specific substantive standard. In the succeeding decades, the courts have gradually eroded the procedural dimension to the point of near distinction by...Learn more

Schaffer v. Weast’s Effects on California Special Education Hearing Decisions

This research examined the associations between Schaffer v. Weast (2005) and special education due process hearing decisions in California. Using a database we coded from the state’s due process hearings for cases that reached a decision (years 1995–2019), this study analyzed (1) how legal...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 case law: An empirical trends analysis.

The authors examined the Education of the Handicapped Law Report (EHLR)/Individuals with Disabilities Education Law Report (IDELR) database to determine the frequency of occurrence and outcomes of published K-12 student special education decisions. Their analysis revealed three findings: first,...Learn more

Special Education Directors’ Experiences Preventing and Responding To Requests for Due Process Hearings

This qualitative research study was conducted to (1) identify the leadership actions special education directors took to increase cooperation and mitigate conflict between families and schools and (2) analyze what special education directors experienced after receiving requests for impartial due...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 due process: Hearing officer background and case variable effects on decisions outcomes.

The purpose of this paper is to review the effect that hearing officer background, and case variables have on decisions rendered during Individuals with Disabilities Education Act (IDEA) due process hearings. (Abstract from author)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

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 Due Process Hearing Systems Under the IDEA: An Update

Abstract As part of its structure of cooperative federalism, the Individuals With Disabilities Education Act delegates to the states implementation, within broad specifications, of administrative adjudication systems. In light of the centrality of these systems of dispute resolution and the limited...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

State Laws for Due Process Hearings Under the Individuals with Disabilities Education Act

The IDEA provides the fundamental framework for state-level resolution of special education disputes, while also allowing states to add to (but not subtract from) the regulations for state and local education agencies. In this article Zirkel presents how each state has supplemented the federal...Learn more

Students with Disabilities.

The author discusses 2002 litigation over the rights of students with disabilities. He examines cases involving entitlement to services, procedural safeguards, dispute resolution, placement, discipline, remedies for school boards' failure to provide a free appropriate public education, and other...Learn more

The failure of legalization in education: Alternative dispute resolution and the Education for All Handicapped Children Act of 1975.

A federal statute provided that parents may use the judicial process to challenge educators' decisions. Describes the intent of legalization; how reaction to an adversarial system led to the use of mediation in most states; and why this alternative model is not appropriate for resolving education...Learn more

The IDEA and the Use of Mediation and Collaborative Dispute Resolution in Due Process Disputes

Abstract This Comment discusses the future of alternative dispute resolution in special education conflicts by first examining a brief history of the IDEA and the areas it covers. Due process complaints under the IDEA and mediation as a solution to due process complaints will then be addressed...Learn more

Literature Articles

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Specific Emphasis

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Mediation in special education: A resource manual for mediators. Revised and updated.

Mediation of special education disputes.

Memos, Dear Colleague Letters, and Policy Letter of Import to IDEA Hearing Officers

National Trends in the Frequency and Outcomes of Hearing and Review Officer Decisions Under the IDEA: An Empirical Analysis

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

OSEP Policy Guidance for IDEA Impartial Hearing Officers

Outcome Trends in State Complaint Procedures Decisions Under the IDEA

Over-due process revisions for the Individuals with Disabilities Education Act.

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

Questionable Initiation of Both Decisional Dispute Resolution Processes under the IDEA: Proposed Regulatory Interpretations

Safeguarding procedures under the IDEA: Restoring the balance in the adjudication of FAPE

Schaffer v. Weast’s Effects on California Special Education Hearing Decisions

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

Special education case law: An empirical trends analysis.

Special Education Directors’ Experiences Preventing and Responding To Requests for Due Process Hearings

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

Special education due process: Hearing officer background and case variable effects on decisions outcomes.

Special education law and children with reading and other disabilities.

Special education trends and variations from the United States and United Kingdom (England), 1984 to 2014

State Due Process Hearing Systems Under the IDEA: An Update

State educational agencies and special education: Obligations and liabilities.

State Laws for Due Process Hearings Under the Individuals with Disabilities Education Act

Students with Disabilities.

The failure of legalization in education: Alternative dispute resolution and the Education for All Handicapped Children Act of 1975.

The IDEA and the Use of Mediation and Collaborative Dispute Resolution in Due Process Disputes

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