Abstract
Of the three formal dispute resolution procedures provided by the Individuals With Disabilities Education Act of 2004(IDEA), due process hearings are the most costly in terms of time, fiscal resources, and impact on relationships between school personnel and parents. This study examined 258 due process hearings held over the past 8 years in Massachusetts to examine the characteristics of students at the center of these disputes, the issues that were addressed in the hearings, and the representation utilized by parents and school districts. The findings from this study indicated that (a) Massachusetts school districts utilized attorney representation and won due process hearings at notably higher levels than parents, and (b) the most frequently addressed issues at due process hearings were Individualized Education Program (IEP) development/implementation and educational program placement, which are issues that represent the core mandate of IDEA to provide a free appropriate public education in the least restrictive environment (34 C.F.R. §300.300, 300.550). The authors present recommendations for policy actions and areas for future research.
Highlights
The Individuals With Disabilities Education Act of 2004 (IDEA) establishes that all children identified as eligible to receive special education services are entitled to receive a free appropriate public education in the least restrictive environment (IDEA, 2004a,)
Of the three formal dispute resolution procedures provided by IDEA (2004), due process hearings are the most costly in terms of time, fiscal resources, and impact on relationships between school personnel and parents (CopeKasten, 2013; Mueller, 2009)
The 258 special education due process hearings were analyzed to determine the characteristics of students at the center of these disputes, including their primary disability categories, grade levels, and educational program placements at the time of the hearing request
Summary
The Individuals With Disabilities Education Act of 2004 (IDEA) establishes that all children identified as eligible to receive special education services are entitled to receive a free appropriate public education in the least restrictive environment (IDEA, 2004a,). As part of the process for ensuring that children with disabilities receive this level of educational service, IDEA outlines both procedural and substantive requirements that must be met by school districts (Drasgow, Yell, & Robinson, 2001). In instances in which conflicts arise between parents and school personnel regarding the development of IEPs or the implementation of education services, IDEA (2004) outlines a process for dispute resolution. There are three formal procedures for resolving special education disputes: mediation, resolution meetings, and due process hearings. Of the three formal dispute resolution procedures provided by IDEA (2004), due process hearings are the most costly in terms of time, fiscal resources, and impact on relationships between school personnel and parents (CopeKasten, 2013; Mueller, 2009). The nine states were New York, Connecticut, New Jersey, Pennsylvania, Maryland, Hawaii, Texas, Massachusetts, and Illinois
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