Open AccessA Longitudinal Study of Special Education Due Process Hearings in Massachusetts
Author(s) -
William Blackwell,
Vivian V. Blackwell
Publication year - 2015
Publication title -
sage open
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.357
H-Index - 32
ISSN - 2158-2440
DOI - 10.1177/2158244015577669
Subject(s) - mandate , special education , representation (politics) , process (computing) , education act , public administration , political science , dispute resolution , individualized education program , public relations , school district , statistics education , medical education , psychology , sociology , pedagogy , law , mathematics education , medicine , politics , computer science , operating system
Of the three formal dispute resolution procedures provided by theIndividuals With Disabilities Education Act of 2004(IDEA), due process hearings are themost costly in terms of time, fiscal resources, and impact on relationships betweenschool personnel and parents. This study examined 258 due process hearings held over thepast 8 years in Massachusetts to examine the characteristics of students at the centerof these disputes, the issues that were addressed in the hearings, and therepresentation utilized by parents and school districts. The findings from this studyindicated that (a) Massachusetts school districts utilized attorney representation andwon due process hearings at notably higher levels than parents, and (b) the mostfrequently addressed issues at due process hearings were Individualized EducationProgram (IEP) development/implementation and educational program placement, which areissues that represent the core mandate of IDEA to provide a free appropriate publiceducation in the least restrictive environment (34 C.F.R. §300.300, 300.550). Theauthors present recommendations for policy actions and areas for futureresearch