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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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 Law: Illustrative Basics and Nuances of Key IDEA Components

[Abstract] "Intended as professional development for both new and experienced special educators, this article provides both the basic requirements and nuanced issues for foundational, successive, and overlapping key components under the Individuals With Disabilities Education Act (IDEA): (a) child...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

Special education: Needless adversariness?

The author discusses the problem of balancing the incentive for appropriately serving students with disabilities and the transaction costs of an adversarial system of dispute resolution.Learn more

Special Educational Needs: Understanding Drivers of Complaints and Disagreements in the English System

This paper explores why some special educational needs (SEN) disagreements become very distressing for parents and how such disagreements can be prevented or resolved. It is a qualitative study of the experiences of 78 parents (70 mothers, eight fathers) who participated in a national study of...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

Standard of Care for Students with Disabilities: The Intersection of Liability Under the IDEA and Tort Theories

Do schools have a heightened standard of care to assure the safety of students and others from those with behavior disorders? "This article explores issues of legal liability for school personnel where students with disabilities are injured in school settings or cause injuries to employees and...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 and Guidance for Complaint Procedures Under the Individuals with Disabilities Education Act

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

States' Accountability and Progress in Serving Young Children With Disabilities

[abstract] Since the 2004 reauthorization of the Individuals With Disabilities Education Act (IDEA), there has been a growing focus on improving the quality of programs for children with disabilities and measuring the results/outcomes of those programs. Across the country, IDEA Part C Programs for...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 Effects of Educational Policy and Local Context on Special Education Students’ Experiences of School Removal and Transition

[abstract] This article examines school removals and transitions among nine special education students. First, the Individual with Disabilities Education Act (IDEA) and the local school discipline policy and special education contexts are discussed. Next, drawing from participants’ narrative...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 Hale Position for a "Third Method" for Specific Learning Disabilities Identification: A Legal Analysis

[Abstract] This short article provides a legal analysis of the Hale et al. white paper on specific learning disabilities identification. The white paper presents a purported consensus of experts that an approach combining response to intervention with severe discrepancy is consistent with the...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

The IEP meeting: Perceptions of parents of students who receive special education services.

The author investigated parental perceptions of the individualized education program (IEP) meeting among 51 parents of students who were receiving special education services from 1 family support service agency. Survey questions pertained to the following areas: (a) IEP meeting experiences, (b)...Learn more

The Legal Boundaries for Impartiality of IDEA Hearing Officers: An Update

The Office of Special Education's Letter to Zirkel 3.3.2023

The Outcomes of Fully Adjudicated Impartial Hearings under the IDEA: A Nationally Representative Analysis with and without New York

The purpose of this study was to determine the national outcomes distribution of DPH decision outcomes for a relatively recent six-year period. A secondary purpose was to determine whether New York decisions were such a distinct and major outlier to justify omitting them for a more precise picture...Learn more

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

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 Law: Illustrative Basics and Nuances of Key IDEA Components

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

Special education tuition reimbursement claims.

Special education: Needless adversariness?

Special Educational Needs: Understanding Drivers of Complaints and Disagreements in the English System

Spotlight on Students With Disabilities

Standard of Care for Students with Disabilities: The Intersection of Liability Under the IDEA and Tort Theories

State Due Process Hearing Systems Under the IDEA: An Update

State educational agencies and special education: Obligations and liabilities.

State Laws and Guidance for Complaint Procedures Under the Individuals with Disabilities Education Act

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

States' Accountability and Progress in Serving Young Children With Disabilities

Students with Disabilities.

The Effects of Educational Policy and Local Context on Special Education Students’ Experiences of School Removal and Transition

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

The Hale Position for a "Third Method" for Specific Learning Disabilities Identification: A Legal Analysis

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

The IEP meeting: Perceptions of parents of students who receive special education services.

The Legal Boundaries for Impartiality of IDEA Hearing Officers: An Update

The Office of Special Education's Letter to Zirkel 3.3.2023

The Outcomes of Fully Adjudicated Impartial Hearings under the IDEA: A Nationally Representative Analysis with and without New York

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