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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Developing positive school–home relationships through structured conversations with parents of learners with special educational needs and disabilities (SEND)

[Abstract] Parents play a crucial role in their children's education, and their active involvement can lead to better outcomes. However, evidence suggests that parental engagement and confidence among perhaps the most vulnerable group of learners – those with special educational needs and...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

Disciplinary Trends in Boston Area Schools: Programming to Improve Conflict Resolution Practices and Close the Education Gap

[Abstract] Research shows disproportionate rates of suspensions and expulsions for youth of color and youth with special needs. Removing these students from schools at higher rates reinforces the education gap and puts them at a sustained disadvantage academically and socially. This thesis explores...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

Disturbing Inequities: Exploring the Relationship Between Racial Disparities in Special Education Identification and Discipline

[Abstract] This study used negative binomial regression to investigate whether exposure to novice teachers and risk for identification for special education predicted suspension rates. Data from the 2009-2010 Civil Rights Data Collection (CRDC) was used. The sample was comprised of 72,168 schools...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 Hearing Systems Under the IDEA: A State-by-State Survey

The primary mechanism for dispute resolution under IDEA (Individuals with Disabilities Education Act) is a due process hearing. The total number of adjudicated hearings under IDEA has dropped from the high level during the latter part of the 1990s and the early part of the current decade. Yet...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

Due process hearings: 2001 update. Quick Turn Around (QTA).

This brief report presents state data from 10 years (1991-2000) on the number of special education due process hearings requested and the number actually held. It notes requirements for designing and conducting due process hearings under both federal (Individuals with Disabilities Education Act)...Learn more

Due process hearings: An update. Final report

This report presents data from all 50 states on due process hearings concerning the education of students with disabilities for the years 1992, 1993, and 1994. Data were gathered from a 1996 survey conducted by the National Association of State Directors of Special Education. This survey updates...Learn more

Effect of Parent Involvement and Parent Expectations on Postsecondary Outcomes for Individuals Who Are d/Deaf or Hard of Hearing

[Abstract] The purpose of this article is to investigate the potential role of parent involvement and parent expectation in post school outcomes for individuals who are d/Deaf or hard of hearing (DHH). Students who are DHH have lower retention and employment rates than their peers. Recognizing the...Learn more

Evaluating the effectiveness of mediation as an alternative to the due process theory in special education. Final Report, 9/1/86-8/31/87.

This study examined the effectiveness of mediation (in comparison with due process hearings) in resolving disputes between parents of children with disabilities and school districts. Respondents (from 10 states) included 35 parents who had taken part in a mediation procedure only; 29 in a mediation...Learn more

Evaluation and cost estimation of special education mediation conferences in California (PL94-142).

Federal Law PL 94-142 provides handicapped children with appropriate education. Parents of handicapped children, if dissatisfied, can make and arbitrate a claim for a different education program for their child. In 1980, under this law California instituted mediation as a less expensive and...Learn more

Evaluation of Family Empowerment Centers.

This report synthesizes the quantitative and qualitative evaluation data related to Family Empowerment Centers (FEC) in California. Data was obtained from surveys of parents and professionals, parent focus groups, and interviews with FEC center directors, center personnel, and other professionals...Learn more

Examining parents' involvement in and perceptions of special education services: An interview with families in a parent support group.

The purpose of this investigation was to examine families' involvement in and perceptions of children's special education services. A telephone survey was conducted with 45 families of children with autism who were part of a parent support group. The survey consisted of a total of 15 questions that...Learn more

Examining the Impact of Early Intervention, Parent Involvement and Family Characteristics on Preschool Special Education Student Outcomes over Time

UMI Number: 3495232 [Excerpts from abstract] "The study included secondary data analysis to examine the impact of several factors, including the Early Intervention program, demographic factors and potential mediating factors on preschool special education student outcomes. The Pre-elementary...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

Exhaustion of Section 504 and ADA Claims Under the IDEA: Resolving The Confusion

Abstract: The IDEA’s exhaustion provision is subject to confusion among courts as well as the parties. Its proper judicial compromise that this provision represents in reversing the Smith v. Robinson exclusivity ruling. The result of the confusion is making the adjudicative process under federal...Learn more

Facilitating the Effective Implementation of Evidence-Based Practices Through Teacher-Parent Collaboration

Evidence-based practice (EBP) has become a popular term in education. Although most special education stakeholders share a general notion that evidence-based practice refers to instruction that is supported in some manner by research, (a) those promoting practices and products often use the term...Learn more

Family-school Cooperation in the Context of Inclusion of Children with Special Educational Needs

[Abstract] Although current legislative measures recognize parents participation in school life, several difficulties remain and many barriers need to be broken down as there are still uncomfortable situations to be dealt with between school and parents. In this context, the aim of this study is to...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

Frequency Trends in the State Complaint Procedures Under the IDEA

Introduction: One of the most active areas of litigation in K-12 education is in special education, an area of litigation that has risen steadily since the 1980s. While the primary focus for analyzing litigation trends has been court cases, the Individuals with Disabilities Education Act (IDEA)...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

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

Literature Articles

Type

Filter by Process

Sphere

Program Measure

Intended Audience

Specific Emphasis

Format Access

Developing positive school–home relationships through structured conversations with parents of learners with special educational needs and disabilities (SEND)

Disability and the Education System

Disciplinary Trends in Boston Area Schools: Programming to Improve Conflict Resolution Practices and Close the Education Gap

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

Disturbing Inequities: Exploring the Relationship Between Racial Disparities in Special Education Identification and Discipline

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

Due Process Hearing Systems Under the IDEA: A State-by-State Survey

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

Due process hearings: 2001 update. Quick Turn Around (QTA).

Due process hearings: An update. Final report

Effect of Parent Involvement and Parent Expectations on Postsecondary Outcomes for Individuals Who Are d/Deaf or Hard of Hearing

Evaluating the effectiveness of mediation as an alternative to the due process theory in special education. Final Report, 9/1/86-8/31/87.

Evaluation and cost estimation of special education mediation conferences in California (PL94-142).

Evaluation of Family Empowerment Centers.

Examining parents' involvement in and perceptions of special education services: An interview with families in a parent support group.

Examining the Impact of Early Intervention, Parent Involvement and Family Characteristics on Preschool Special Education Student Outcomes over Time

Examining the Impact of Special Education Dispute Resolution in Pennsylvania

Exhaustion of Section 504 and ADA Claims Under the IDEA: Resolving The Confusion

Facilitating the Effective Implementation of Evidence-Based Practices Through Teacher-Parent Collaboration

Family-school Cooperation in the Context of Inclusion of Children with Special Educational Needs

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

Frequency Trends in the State Complaint Procedures Under the IDEA

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

In the matter of Arons: Construction of the IDEA’s lay advocate provision too narrow?

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