ADA Mediation Standards
The ADA Mediation Guidelines for mediation providers are the product of a national Work Group convened to develop mediation practice Guidelines unique to conflicts arising under the Americans with Disabilities Act.Learn more
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.
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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
Advancing Parent-Professional Leadership: Effective Strategies for Building the Capacity of Parent Advisory Councils in Special Education
[Introduction] "The Individuals with Disabilities Education Act, last amended in 2004 (IDEA 2004), encourages parents and educators to work collaboratively, emphasizing that as a team they are uniquely suited to make decisions that help improve the educational experiences and outcomes of children...Learn more
Advocacy for young children under IDEA: What does it mean for early childhood educators?
This article explores the responsibility of early childhood educators to advocate for young children as both individuals and family members, reviewing legal and administrative guidance under the Individuals with Disabilities Education Act and exploring possible conflicts between family and...Learn more
Advocates and IEPs: Parental Perspectives and Solutions Schools Can Offer
[Abstract] Parental perspectives regarding the utilization of professional advocates and attorneys is non-existent in the current academic literature base. The limited extant literature contains school personnel perspectives on the IEP process when advocates are involved. Thus, to investigate this...Learn more
Advocating for Students With Disabilities at the School Level
[Abstract] The article discusses school and classroom level advocacy for special needs students, and provides advice for special education teachers on how to effectively advocate for their students to receive needed services and interventions. An overview of professional advocacy standards and the...Learn more
After a due process hearing, then what?
The purpose of this article is to discuss issues that can surface after a special education due process hearing. These include discontent, disagreement, and dissatisfaction. The author provides suggestions for school administrators for overcoming these barriers.Learn more
Alabama APR/SPP Dispute Resolution Data - Part C
The following reports are available for this state: AL DR Summary 0913073pdf includes data from years 2003-2004, 2004-2005 & 2005-2006. Displayed for each year are the child count (ages 3 to 21, December 1 count), percent of school age served (ages 6 to 17), and reported and calculated values...Learn more
Aligning or maligning? Getting inside a new IDEA, getting behind No Child Left Behind and getting outside of it all
Discusses the IDEA reauthorization bills from the House and Senate. House bill calls for voluntary binding arbitration. Senate bill requires states to spend funds to implement the mediation process required and to assist parents with ADR and due process.Learn more
All Areas of Suspected Disability
Abstract: The Individuals with Disabilities Education Act (IDEA) requires school districts to assess children “in all areas of suspected disability.” It further provides that each child’s individualized education program (IEP) must contain measurable annual goals designed to “meet each of the child...Learn more
Alternative dispute resolution and agency costs.
This research examines consumer choices of alternative dispute resolution in light of the various costs and benefits associated with each of those choices. An agency theoretic framework is employed to model the buyer-dispute resolver dyad in terms of a principal and agent relationship. Costs of...Learn more
Alternative dispute resolution in special education: A view from the field.
Mediation was required by the Individuals With Disabilities Education (IDEA) 1997, and resolution sessions were added to the IDEA 2004. This study examines the perceptions of 260 special education directors in Georgia, Massachusetts, Washington, and Wisconsin to determine their perceptions...Learn more
Alternative dispute resolution under the Individuals with Disability Educational Act: A case study of early intervention mediation (Iowa).
All states are required to offer mediation services for the voluntary settlement of special education disputes after a due process hearing has been requested as a result of the 1997 Amendments to the Individuals with Disability Education Act (IDEA). However, Iowa is one of only a few states that...Learn more
Alternative dispute resolution: Panacea or anathema?
Article consists of mostly early theory about effectiveness of mediation. Author believes that special ed. disputes are one of the more appropriate contexts for mediation. Cites Singer & Nace study and states that special ed. mediation is successful in resolving the majority of these disputes,...Learn more
Alternative Dispute Resolution: Solving Problems and Resolving Conflict: Another Way
This article by Mary Grady is re-printed from the Winter-Spring 2011 edition of The Special EDge.Learn more
Alternative dispute resolution; An effective strategy for reducing special education due process hearings in California.
Law has protected the educational right of students with handicapping conditions and their parents throughout the nation since 1975. All states have a process in place where parents or schools districts can request a due process hearing at the state level. There is substantial evidence that due...Learn more
An analysis of factors that contribute to parent-school conflict in special education.
Interviews with 22 parents who had participated in a special education appeals process, 16 school officials, and 6 mediators found 8 factors that escalate parent-school conflict: discrepant views of a child or a child's needs, knowledge, service delivery, reciprocal power, constraints, valuation,...Learn more
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
An empirical assessment of the impact of formal versus informal dispute resolution on poverty: A governance-based approach.
Based on governance-related criteria, this article provides the empirical jurimetric verification of the how, where, when and why alternative dispute resolution (ADR) mechanisms provide efficiency enhancing channels to redress grievances in less developed countries. Based on data collected in 16...Learn more
An evaluation of two mediation techniques, negotiator power, and culture in negotiation.
This study examines the effects of 4 factors in a mediated transfer-pricing negotiation: (a) the mediator's suggestion that negotiators have concern for the other (opposing) negotiator; (b) the mediator's proposal of moderate goals; (c) negotiator power; and (d) culture. In the simulated...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 Examination of Special Education Due Process Hearings
[Abstract] Due process is a key dispute resolution feature approved by Congress in accordance with the Individuals With Disabilities Education Act, whose goal is to facilitate resolution and minimize conflict. Nonetheless, despite 35 years of use, due process has become a difficult emotional and...Learn more
An experiment in the mediation of grievances
This article presents the results of an experiment conducted by the U.S. Labor Department which examined the merits of grievance mediation relative to arbitration in the coal mining industry. The authors discuss the rationale for conducting the test; resolution of grievances that were submitted to...Learn more