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 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

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

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

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

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

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

Parsing Disciplinary Disproportionality: Contributions of Infraction, Student, and School Characteristics to Out-of-School Suspension and Expulsion

[Abstract] In the context of a national conversation about exclusionary discipline, we conducted a multilevel examination of the relative contributions of infraction, student, and school characteristics to rates of and racial disparities in out-of-school suspension and expulsion. Type of infraction...Learn more

Policy-to-Practice—A Portraiture Study of Special Education Implementations to Improve Student Outcomes through Mediation

Abstract: Improving student outcomes for students with disabilities is the primary goal of the Individuals with Disabilities Education Act (IDEA). The IDEA charges school districts to collaborate closely with parents to design and execute an individualized education program (IEP) that allows...Learn more

Predictors of parents perception toward the IEP meeting

UMI Number: 3507702 [Abstract] "In the field of educational leadership, as well as special education, parental participation is paramount given that federal law has mandated that schools provide and show evidence that they foster parental participation. This quantitative, non-experimental study...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

Reducing parental dissatisfaction with special education in two school districts: Implementing conflict prevention and alternative dispute resolution.

Parental dissatisfaction with special education services is a national problem. This article presents two districts that have undergone systemwide changes to decrease the dissatisfaction of families who have children with disabilities. Using qualitative inquiry, the authors analyzed documents and...Learn more

Restorative practice and special needs: a practical guide to working restoratively with young people

Restorative Practice (RP) is an effective approach to discipline that has the potential to transform behaviour by focusing on building and restoring relationships. This practical guide explains how to implement restorative approaches with young people with special needs in educational or...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

See You in Court! How to Avoid IDEA Transition–Related Mediations and Due Process Hearings

School compliance with the Individuals with Disabilities Education Act (IDEA) transition services language requirements in this country has been an issue of concern to parents of students with disabilities as well as special education attorneys and advocates for quite some time. Evidence exists in...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 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

Special education tuition reimbursement claims.

The ability of parents of children with disabilities to seek reimbursement for private school tuition is one of the most controversial aspects of special education law. Using a comprehensive sample of published court and hearing officer decisions regarding tuition reimbursement, this study,...Learn more

Spotlight on Students With Disabilities

This brief discusses survey results about districts’ perceptions of the ease with which they were able to provide services for students with disabilities and to comply with federal law governing the education of students with disab ilities.Learn more

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

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

Mediation of special education disputes.

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

Optional IDEA alternative dispute resolution.

Outcome Trends in State Complaint Procedures Decisions Under the IDEA

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

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

Parsing Disciplinary Disproportionality: Contributions of Infraction, Student, and School Characteristics to Out-of-School Suspension and Expulsion

Policy-to-Practice—A Portraiture Study of Special Education Implementations to Improve Student Outcomes through Mediation

Predictors of parents perception toward the IEP meeting

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

Reducing parental dissatisfaction with special education in two school districts: Implementing conflict prevention and alternative dispute resolution.

Restorative practice and special needs: a practical guide to working restoratively with young people

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

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

See You in Court! How to Avoid IDEA Transition–Related Mediations and Due Process Hearings

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

Special education tuition reimbursement claims.

Spotlight on Students With Disabilities

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