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 Picture of Parent and Youth Participation in IEP and Transition Planning Meetings
[Abstract} Two prospective longitudinal studies of nationally representative samples of students with disabilities—the Special Education Elementary Longitudinal Study and the National Longitudinal Transition Study–2—are used to provide a broad look at the participation of parents of 11- through 19-...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
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
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
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
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
Beyond the Dotted Line: Empowering Parents From Culturally and Linguistically Diverse Families to Participate
Parent participation in the Individualized Education Program (IEP) process is a critical factor in improving the effectiveness of children’s special education programs and services. However, many families, particularly those from culturally and linguistically diverse (CLD) backgrounds, are...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
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
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
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
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
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