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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A Longitudinal Study of Special Education Due Process Hearings in Massachusetts: Issues, Representation, and Student Characteristics

[Abstract] "Of the three formal dispute resolution procedures provided by the Individuals With Disabilities Education Act of 2004 (IDEA), due process hearings are the most costly in terms of time, fiscal resources, and impact on relationships between school personnel and parents. This study...Learn more

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

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

Adjudication under the Individuals with Disabilities Education Act: Explicitly Plentiful Rights but Inequitably Paltry Remedies

This article proposes an invigoration in the exercise of the broad equitable authority of hearing officers under the Individuals with Disabilities Act. Providing a higher priority on, and an affirmative presumption for, remedying violations of the Act is in the interest of all parties, extending...Learn more

An Examination of Group Facilitator Challenges and Problem-Solving Techniques During IEP Team Meetings

[abstract] Special education professionals serve as facilitators of Individualized Education Plan (IEP) team meetings. As special educators serve on many IEP teams during the course of an academic year, and as the member composition for each team varies, facilitators are confronted with a unique...Learn more

An Investigation of Facilitated Individualized Education Program Meeting Practice: Promising Procedures That Foster Family–Professional Collaboration

There is limited research about effective Individualized Education Program (IEP) meeting practices that promote family–professional collaboration. One emerging practice, the Facilitated IEP (FIEP) meeting, has recently gained national attention for its team-based approach. In this study, the...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

Applying systems‐based thinking to build better IEP relationships: a case for relational coordination

This paper explores methods by which the Individualized Education Plan (IEP) development process can be improved through the use of systems‐based thinking, specifically through the use of Gittell’s (2016) Relational Coordination Model. IEP development meetings have been described as meaningless...Learn more

Avoiding special education litigation in rural school districts.

The major purpose of the Individuals with Disabilities Education Act (IDEA) and its legislative predecessor: has shifted in the past 25 years from simply providing access to educational services to an emphasis on providing meaningful, measurable, and accountable programs to students with...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

Building bridges with families: Honoring the mandates of IDEA

This article distills three lessons learned over the 30 years since IDEIA was first passed: 1) Families organize daily routines that balance their beliefs, resources, and needs and abilities. 2) Families vary greatly in how and how much they collaborate and participate in schooling activities. 3)...Learn more

Challenges Providing Services to K-12 English Learners and Students with Disabilities during COVID-19

Due to the Coronavirus Disease 2019 (COVID-19) pandemic, almost all school districts rapidly shifted to distance learning in spring of the 2019-2020 school year. This shift laid bare both the logistical and instructional challenges of distance learning, particularly for English learners and...Learn more

Chinese families' level of participation and experiences in IEP meetings.

The author investigated the level of participation and experiences of 5 Chinese parents of children with disabilities in individualized education program (IEP) meetings through observations and interviews. Results of the study suggested that the Chinese parents were dissatisfied with 12 of 15...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

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

Culture in Inclusive Schools: Parental Perspectives on Trusting Family-Professional Partnerships

This qualitative study improves understanding of parent perspectives about the factors that facilitate family-professional partnerships in schools recognized for inclusive practices. Five themes emerged from 11 focus groups consisting of parents of students with and without disabilities and with...Learn more

Disability and the Education System

[Summary in journal] Aron and Loprest trace the evolution of the special education system in the United States from its origins in the civil rights movement of the mid-twentieth century. They note the dual character of federal legislation, which both guarantees eligible children with disabilities...Learn more

Due process hearings under the IDEA.

The primary purpose of this article is to track the trend in the number of due process hearings that have been adjudicated (i.e., in which the hearing officer issued a written decision) nationally for the past 15 years. The secondary purpose is to rank order the states by the number of adjudicated...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

Father Involvement in Early Intervention: Exploring the Gap Between Service Providers’ Perceptions and Practices

The purpose of this exploratory study was to examine early intervention (EI) service providers’ perceptions of the roles played by fathers in services, as well as their perceptions of the barriers that limit fathers from being engaged in the services provided for families of children with...Learn more

Fathers’ Experiences With the Special Education System: The Overlooked Voice

Research about parent experiences with the special education system is largely dominated from mothers’ perspectives. This article will present a qualitative interview study of the overlooked voice: fathers of children with disabilities. Twenty fathers were interviewed about their experiences...Learn more

IDEA Written State Complaints: Making the System More Accessible, Responsive and Equitable for Students with Disabilities

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

Impartial Hearings for Public School Students under Section 504: A State-by-State Survey

[Excerpt, p.3] The purposes of this article are (a) to canvass the Section 504 legislation, regulations, and OCR interpretations specific to impartial hearings; and (b) to determine, via a national survey, the current practices of the state education agencies (SEAs) for the 50 states and the...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

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

A Longitudinal Study of Special Education Due Process Hearings in Massachusetts: Issues, Representation, and Student Characteristics

A National Update of Case Law 1998 to the Present under the IDEA and Section 504/A.D.A.

Accountability In special education mediation: Many a slip 'twixt vision and practice?

Adjudication under the Individuals with Disabilities Education Act: Explicitly Plentiful Rights but Inequitably Paltry Remedies

An Examination of Group Facilitator Challenges and Problem-Solving Techniques During IEP Team Meetings

An Investigation of Facilitated Individualized Education Program Meeting Practice: Promising Procedures That Foster Family–Professional Collaboration

Analysis of Special Education Mediations in Texas, 2006-08

Applying systems‐based thinking to build better IEP relationships: a case for relational coordination

Avoiding special education litigation in rural school districts.

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

Building bridges with families: Honoring the mandates of IDEA

Challenges Providing Services to K-12 English Learners and Students with Disabilities during COVID-19

Chinese families' level of participation and experiences in IEP meetings.

COVID-19 and Students with Disabilities: A Snapshot of Legal Activity to Date

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

Culture in Inclusive Schools: Parental Perspectives on Trusting Family-Professional Partnerships

Disability and the Education System

Due process hearings under the IDEA.

Examining the Impact of Special Education Dispute Resolution in Pennsylvania

Father Involvement in Early Intervention: Exploring the Gap Between Service Providers’ Perceptions and Practices

Fathers’ Experiences With the Special Education System: The Overlooked Voice

IDEA Written State Complaints: Making the System More Accessible, Responsive and Equitable for Students with Disabilities

Identifying the Associated Factors of Mediation and Due Process in Families of Students with Autism Spectrum Disorder

Impartial Hearings for Public School Students under Section 504: A State-by-State Survey

Is mediation a fair way to resolve special education disputes? First empirical findings.

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