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 financial problem. Consequently, there is a need to evaluate due process and develop less adversarial resolution practices. The goal of the study herein is to place in perspective a descriptive analysis of 575 due process hearings that occurred in 41 states in 2005 to 2006 by analyzing the petitioner, disability, dispute, and outcome including hearings of specific learning disabilities (26%), autism (20%), and health impairments (15%). The most common sources of dispute were placement (25%) and Individualized Education Program and program appropriateness (24%). Parents initiated 85% of the hearings, but school districts prevailed in 59%. Interestingly, the majority of states lacked easy retrieval and consistency with reporting their own published hearings.