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?

Type

Sphere

Program Measure

Intended Audience

Format Access

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

Adjudicative Remedies for Denials of FAPE under the IDEA

This article analyzes cases in which courts or hearing officers have found that a child has been denied free and appropriate public education. The two most commonly-ordered remedies were reimbursement of tuition, and compensatory education. The author engages six questions: (1) What is the relative...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

Are published IDEA hearing officer decisions representative?

The authors of this study examined published hearing officer decisions under the Individuals with Disabilities Education Act to determine whether they were representative of the frequency and outcomes for the larger group consisting of published decisions and the much greater number of unpublished...Learn more

Are the Outcomes of Hearing (and Review) Officer Decisions Different for Pro Se and Represented Parents?

This article reviews thirty-five years of administrative decisions, seeking to understand any differences between families who were represented by attorneys at the hearing and families who were not. Significant differences were found, and the author notes that this correlation does not confirm...Learn more

Characteristics and outcomes of special education hearing and review officer cases.

In this article the authors analyzed 347 special education cases from Pennsylvania. These cases, drawn from a 16-year period, included decisions made at both the due process level and the appeals level. The authors’ examination identified three variables that were significantly related to due...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

District-Initiated Due Process Hearing Decisions Under the IDEA: Frequency and Outcomes

The Individuals with Disabilities Education Act (IDEA) is the primary federa legislation for special education in public schools. Its core obligation for school districts is the provision of a free appropriate public education (FAPE) to eligible students. The primary adjudicative mechanism, which...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

Due Process Hearings Under The Individuals With Disabilities Education Act: Justice Delayed...

Abstract: The authors report the average duration of fully adjudicated hearings was much longer than the regulatory timeline, and only 15% of the standard decisions for the six-year period were completed within the 75-day timeline. They note the 75-day benchmark serves as a guideline goal, with the...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

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

Is Appealing A Hearing Officer's Decision Likely To Result In a Major Outcome Change In The Final Court Decision

[Abstract] Adjudications under the Individuals with Disabilities Education Act (IDEA) continue to be an active area of education litigation at both the hearing officer (HO) and court levels. One of the many questions for IDEA litigants, in light of the considerable costs and time of this “ponderous...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

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

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

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

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 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 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

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Format Access

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

Adjudicative Remedies for Denials of FAPE under the IDEA

ADR: To be or…?

Are published IDEA hearing officer decisions representative?

Are the Outcomes of Hearing (and Review) Officer Decisions Different for Pro Se and Represented Parents?

Characteristics and outcomes of special education hearing and review officer cases.

Conflict management in early intervention: Procedural safeguards and mediation.

District-Initiated Due Process Hearing Decisions Under the IDEA: Frequency and Outcomes

Due Process Hearing and Written State Complaint Activity for COVID-19 Issues: A Six-Month Snapshot

Due Process Hearings Under The Individuals With Disabilities Education Act: Justice Delayed...

Examining the Impact of Special Education Dispute Resolution in Pennsylvania

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?

Is Appealing A Hearing Officer's Decision Likely To Result In a Major Outcome Change In The Final Court Decision

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

Outcome Trends in State Complaint Procedures Decisions Under the IDEA

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

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

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

Pages

AddToAny

The CADRE Continuum

Search form

You are here

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Format Access

Pages

AddToAny

The CADRE Continuum