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.

It’s Time for an Alternative Dispute Resolution Procedure

This article presents the case for arbitration as a fitting process for special education disputes. "the availability of arbitration as suggested [herein] would add two improvements to the IDEA dispute resolution system that experience shows are sorely needed: a more balanced “access to justice”...Learn more

Lay advocates and parent experts under the IDEA.

The purpose of this article is to expand on the survey data provided in Seven and Zirkel (2002) and to trace the lower court case law between the two decisions related to Arons and the Supreme Court’s ruling in Arlington Central School District Board of Education v. Murphy. The interrelationship...Learn more

Legal boundaries for the IDEA complaint resolution process.

The purpose of this article is to discuss the complaint resolution process (CRP) and provide an annotated outline to synthesize the other pertinent primary sources of law—court decisions, hearing/review officer decisions, and Office of Special Education Programs (OSEP) policy letters —that fill in...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

Litigation and Students With Disabilities: A Persistent Concern

This article reviews recent litigation related to students with disabilities; it presents themes as well as five tables summarizing the facts and decisions in specific cases gathered by topic (see abstract for list). [Abstract] Special education litigation remains a volatile area with significant...Learn more

Mediation of Special Education Disputes in Pennsylvania

[Excerpt from Introduction] This Article proceeds in four parts: first, it explores the power imbalance present when an attorney is prohibited from attending mediation. Second, this Article explains that attorney participation is essential for due process protection and how prohibition of such...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

Navigating Special Education Disputes in Schools

Through a question-and-answer format, this article presents the views of two experienced special education attorneys on a number of ways in which parents and school districts can work together. They address communication, changes in law and regulations, and the valuable roles of IEP facilitation,...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

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