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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Fundamentals of alternative dispute resolution processes in construction.

With the surge of increasingly complex and fast-track construction projects, disputes are inevitable. Skills in dispute resolution should be part of the tool kit of any practitioner in a managerial position. The perceived shortcomings of litigation and arbitration, with their concomitant rise in...Learn more

GAO: Mediation can help solve special education disputes.

This article discusses the U.S. General Accounting Office's (GAO) report on benefits of mediation in solving special education disputes. The role of mediation in providing viable resolutions to disputes between parents and schools over the education of disabled students is discussed as well as...Learn more

Grievance resolution in special education: A descriptive evaluation of the issues relating to mediation.

The purpose of this study was to identify the issues that arise in schools in relation to grievance in special education and to discover whether mediation may be a useful option in the resolution of grievances. The perspectives of parents of students with disabilities and primary principals were...Learn more

Guidelines for Successful Parent Involvement: Working with Parents of Students with Disabilities

According to the Individuals With Disabilities Education Improvement Act (IDEA), school systems must ensure that the individualized education program (IEP) team includes the parent of the child with a disability. Teachers often report the challenges of getting parents to attend IEP meetings often...Learn more

Guiding Principles: A Resource Guide for Improving School Climate and Discipline

[Executive summary - excerpts] Schools must be both safe and supportive for effective teaching and learning to take place. Three key principles can guide efforts to create such productive learning environments. First, work in a deliberate fashion to develop positive and respectful school climates...Learn more

Guías para padres y videos complementarios de IDEA sobre la resolución de disputas

Tras la publicación por parte de OSEP de una serie de preguntas y respuestas sobre la resolución de disputas de la Parte B de IDEA (Ley de Educación para Personas con Discapacidad) en julio de 2013, se le pidió a CADRE que creara un conjunto de recursos complementarios para padres y familias. En...Learn more

Handbook of Leadership and Administration for Special Education

[From publisher's website] This book brings together for the first time research informing leadership practice in special education from preschool through transition into post-secondary settings. It provides comprehensive coverage of 1) disability policy 2) leadership knowledge, 3) school reform,...Learn more

Have the amendments to the Individuals with Disabilities Education Act razed Rowley and raised the substantive standard for “Free Appropriate Public Education”?

The purpose of this article is to describe, not prescribe, the evolving answer to the question of whether a new, significantly elevated substantive standard of FAPE applies in place of Board of Education v. Rowley as a result of the successive changes in IDEA 97 and—punctuated by the NCLB—IDEA 2004...Learn more

Helpful actions seen through the eyes of parents of children with disabilities.

Parents of children with disabilities interact with a wide range of service providers in order to assure appropriate services for their children. While some actions performed by professionals are viewed as helpful, many are viewed as obstructive. Surveys completed by over 120 parents identified...Learn more

High court to decide who must prove case in special ed. disputes.

This article discusses the issue before the U.S. Supreme Court in Schaffer v. Weast (Case No. 04-698). The court will decide which side bears the legal burden of proof when parents and school districts disagree over the services or placement that children with disabilities require.Learn more

How do you write 'yes'?: A study on the effectiveness of online dispute resolution.

This article is derived from original research into the applicability and effectiveness of online dispute resolution, particularly mediation, for resolving disputes in the real and virtual worlds. It records the experience of a variety of mediators and disputants in fifteen online mediation...Learn more

How interest-based, grievance mediation performs over the long term.

This article deals with the findings of a study regarding the capacity of grievance mediation to achieve long-term benefits for labor union and management.Learn more

How the IDEA and the Fostering Connections Act Can Work Together to Ensure School Stability and Seamless Transitions for Children with Disabilities in the Child Welfare System

This brief explains how two federal laws--IDEA and the Fostering Connections Act--can help advocates "ensure school stability and smooth transitions" for children with disabilities in foster care. Presented in a Q&A format, the brief addresses fundamental issues. It also includes three case...Learn more

How to avoid the nasty little words, "I'll see you in court!"

The author provides advice for school principals on how to use mediation to avoid litigation over school-related conflicts. The advice incorporates two examples of the effective use of mediation to resolve disputes in school-related conflicts.Learn more

How to help students lead their IEP meetings.

The authors explore ways to encourage leadership skills in students with disabilities through Individualized Education Programs (IEP). According to authors, increasing student responsibility for their IEPs can influence student and parent involvement in their IEP process. It has been found through...Learn more

IDEA partnerships ASPIIRE/ILIAD.

This article explains the use of mediation to improve special education partnerships between families and schools. Benefits and drawbacks to mediation are described, along with strategies for finding out about mediation in individual states and finding a mediator. Information on the Consortium for...Learn more

IDEA Special Education Resolution Meetings: A guide for parents of children and youth

The Individuals with Disabilities Education Improvement Act (IDEA 2004) and its final Part B Implementing Regulations describe how disagreements about special education services between parents and schools may be resolved. This guide for families will help readers to have a better understanding of...Learn more

Identification of Learning Disabilities Implications of Proposed DSM-5 Criteria for School-Based Assessment

[abstract] This article examines the recommended eligibility determination for learning disabilities (LD) in both the Individuals with Disabilities Education Improvement Act and the proposed changes in diagnostic criteria in the DSM-5. The focus is on the inclusion of the criterion of...Learn more

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

IEP facilitation: A promising approach to resolving conflicts between families and schools.

In this article, the author provides guidelines for the use of IEP facilitation to resolve conflicts between families of special education students and schools. The author identifies seven essential components of IEP facilitation, describes each component, and provides guidance for practical...Learn more

IEP team meetings: A guide to participation for parents

This resource is designed to prepare parents to participate in IEP meetings. [excerpt] "A parent’s first encounter with the Individualized Education Program—the IEP—can be intimidating. However, participation in special educational planning is critical in assuring positive long-term outcomes for...Learn more

IEP/IFSP Facilitation: Practical Insights and Programmatic Considerations

This document briefly summarizes practical insights and promising practices for IEP/IFSP facilitation, collected from a broad review of facilitation and special education literature. Among the highlight are strategies that can be used prior to and during a meeting as well as considerations for...Learn more

Impact of the Resolution Meeting on Due Process in Special Education

[abstract] "The purpose of this study was to assess the effectiveness of the resolution meeting on due process in special education. The study focused on the impact of the resolution meeting on students and the school district by utilizing an analysis of data obtained from due process requests...Learn more

Impartial Hearings for Public School Students under Section 504: A State-by-State Survey

[Excerpt, p.3] The purposes of this article are (a) to canvass the Section 504 legislation, regulations, and OCR interpretations specific to impartial hearings; and (b) to determine, via a national survey, the current practices of the state education agencies (SEAs) for the 50 states and the...Learn more

Impartial Hearings under the IDEA: Legal Issues and Answers

[introduction] This Question and Answer document is specific to impartial hearing officers (IHOs) and the impartial hearings that they conduct under the Individuals with Disabilities Education Act (IDEA). It does not cover the IHO’s remedial authority, which is the subject of separate comprehensive...Learn more

Literature Articles

Type

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Intended Audience

Specific Emphasis

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Fundamentals of alternative dispute resolution processes in construction.

GAO: Mediation can help solve special education disputes.

Grievance resolution in special education: A descriptive evaluation of the issues relating to mediation.

Guidelines for Successful Parent Involvement: Working with Parents of Students with Disabilities

Guiding Principles: A Resource Guide for Improving School Climate and Discipline

Guías para padres y videos complementarios de IDEA sobre la resolución de disputas

Handbook of Leadership and Administration for Special Education

Have the amendments to the Individuals with Disabilities Education Act razed Rowley and raised the substantive standard for “Free Appropriate Public Education”?

Helpful actions seen through the eyes of parents of children with disabilities.

High court to decide who must prove case in special ed. disputes.

How do you write 'yes'?: A study on the effectiveness of online dispute resolution.

How interest-based, grievance mediation performs over the long term.

How the IDEA and the Fostering Connections Act Can Work Together to Ensure School Stability and Seamless Transitions for Children with Disabilities in the Child Welfare System

How to avoid the nasty little words, "I'll see you in court!"

How to help students lead their IEP meetings.

IDEA partnerships ASPIIRE/ILIAD.

IDEA Special Education Resolution Meetings: A guide for parents of children and youth

Identification of Learning Disabilities Implications of Proposed DSM-5 Criteria for School-Based Assessment

Identifying the Associated Factors of Mediation and Due Process in Families of Students with Autism Spectrum Disorder

IEP facilitation: A promising approach to resolving conflicts between families and schools.

IEP team meetings: A guide to participation for parents

IEP/IFSP Facilitation: Practical Insights and Programmatic Considerations

Impact of the Resolution Meeting on Due Process in Special Education

Impartial Hearings for Public School Students under Section 504: A State-by-State Survey

Impartial Hearings under the IDEA: Legal Issues and Answers

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Literature Articles

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The CADRE Continuum