An IDEA schools can use: Lessons from special education legislation.
Article provides extensive background on nature and implications of IDEA legislation.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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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 Comments and Changes
Readers who would like to understand the logic behind the regulations are encouraged to read the Analysis of Comments and Changes (Attachment 1) included with the Regulations published in the Federal Register, March 12, 1999. The complete entry from Attachment 1 regarding the regulations under 34...Learn more
Analysis of mediation and hearings to resolve parent-school disputes in special education.
Until recently, special education parent-school disputes in New Jersey were resolved using formal hearing procedures. Participant dissatisfaction with formal hearings has led to the use of an alternative form of dispute resolution, that is mediation. <P> The purpose of this study was to...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
Annotated Bibliographic Database of Literature on Dispute Resolution in Special Education
This searchable database contains bibliographic information for literature (research-based and policy/practice) relating to dispute resolution in special education. The list of articles and publications below is organized by publication date; however, you can re-sort the list by clicking on Title...Learn more
Applying a mediated negotiation framework to integrated coastal zone management.
Conflict is intrinsic to coastal zone management, yet relatively few peer-reviewed studies have examined how coastal managers might apply conflict resolution processes in the coastal zone management (CZM) context. The authors believe that many of these disputes can be addressed by using a...Learn more
Approaches to Dispute Resolution in Additional Support Needs in Scotland
This article presents interview research with education officials, parents and parent advocates concerning Scotland's experience with mediation in special education issues. The authors address the following questions: "(1) how are low-level intervention strategies used by schools and local...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
Assessing the Quality of Parent-Teacher Relationships for Students with ADHD
[Abstract] Family involvement in education, including the quality of family–school communication, has been demonstrated repeatedly to have a substantial effect on child development and success in school; however, measures of this construct are limited. The purpose this study was to examine the...Learn more
Assuring the Family's Role on the Early Intervention Team
This paper, produced and distributed by the National Early Childhood Technical Assistance Center (NECTAC), is a synthesis of practices and ideas for explaining procedural safeguards to families, which assure that families are fully informed in ways that support their role in the early intervention...Learn more
Avoiding Procedural Errors in Individualized Education Program Development
This article reviews five common procedural errors in IEP development: - Not Including Students' Parents in the IEP Process - Predetermining a Student's IEP Services or Placement - Determining Placement Before Programming - Not Fielding an Appropriate IEP Team - Failing to Implement the IEP as...Learn more
Avoiding special education due process hearings: Lessons from the field.
School personnel often find that parents are dissatisfied with their child's special education program. What individualized education program (IEP) teams do to prevent and handle parents' discontent helps determine if dissatisfaction will turn into a protracted, acrimonious legal battle or an...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
Bargaining and distribution in special education.
In this article the author focuses on the importance of parental involvement in the IEP process and argues that parents with poor bargaining skills are at a significant disadvantage when negotiating services for their children.Learn more
Beyond Involvement and Engagement: The Role of the Family in School–Community Partnerships
Research indicates that partnerships between schools and neighborhood communities support student learning, improve schools, and strengthen families and neighborhoods. These partnerships expand the traditional educational mission of the school to include health and social services for children and...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
Biculturization: Developing culturally responsive approaches to family participation
This article describes biculturization as an effective process for planning an IEP or an intervention. They illustrate the process through a merger of the McGill Action PLanning System (MAPS) with an indigenous Hawaiian social work process known as 'Ohana Conferencing. [from p.132] "...Learn more
Bringing parent and community engagement back into the education reform spotlight
[abstract] "In this study I argue that educational practitioners and policy makers cannot solve the problem of increasing student learning and growth by organizationally isolating the work of schools from communities. The purpose of this study was to explore which organizational conditions have...Learn more
Broken Promises: When Does a School's Failure to Implement an IEP Deny a Disabled Student a Free and Appropriate Public Education
This article advocates that cases regarding IEP implementation should be decided through a 'per se' approach, thus requiring that all aspects of the IEP are followed. To do otherwise denies a student of a free and appropriate public education. "IDEA has generated considerable litigation over what...Learn more
Buckhannon, special education disputes, and attorneys' fees: Time for a congressional response again.
Discusses effect of Buckhannon case on attorney fees in special education mediation. Prior to this case, if parents were the “prevailing party” in mediation, the parents’ attorney could seek fees from the school district. Now, if parents and school districts enter into a settlement through...Learn more
Building a foundation for special education mediation in Virginia's high schools.
This article focuses on the special education mediation that was conducted in various high schools in Virginia, United States. It discusses how to choose a mediator; implementation of a statewide system of mediation using a baseline identified in the Individuals With Disabilities Education Act of...Learn more
Building bridges with families: Honoring the mandates of IDEA
This article distills three lessons learned over the 30 years since IDEIA was first passed: 1) Families organize daily routines that balance their beliefs, resources, and needs and abilities. 2) Families vary greatly in how and how much they collaborate and participate in schooling activities. 3)...Learn more