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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An analysis of judicial outcomes of special education cases.
A review of special-education court cases found that, while school district wins exceeded parent wins in due process hearings and appeals, the margin narrowed through litigation. The most predominant issue in dispute was placement in terms of parents seeking more restrictive settings. The Supreme...Learn more
Beyond mediation: Strategies for appropriate early dispute resolution in special education. Briefing paper.
This paper describes causes of special education conflict and explores alternative conflict management approaches being pioneered by state education agencies and school districts. The focus is on early informal dispute resolution strategies as alternatives to due process hearings and mediation...Learn more
Improving DR Practices for Diverse Families
To provide relief for families who disagree with their child’s educational program, the IDEA provides three types of dispute resolution: mediation, written state complaints, and due process hearings. While these options support constructive conflict engagement, many families find these processes...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
Parental rights in the twenty-first century: parents as full partners in education.
This Article discusses relevant state and federal protections for parental rights in the education process. Part II discusses the provisions of Chapter 26 of the Texas Education Code, analyzes its principles, and relates some of the practical problems that arise under the Code. Part III discusses...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: 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
When it's not apparent: Some modest advice to parent advocates for students with disabilities.
Article focuses on advice to parents in working with schools to develop and implement IEPs. Author states that resorting to litigation has been increasingly unsuccessful, especially in the 9th Cir. where courts have repeatedly held that parents must exhaust all administrative proceedings and...Learn more