Description
Due Process Hearings are one of three formal dispute resolution procedures provided to parents of children with disabilities by the Individuals with Disabilities Education Act of 2004 (IDEA). Whereas students receiving special education typically comprise approximately 14% of student enrollment, litigation tied to special education disputes accounts for the majority of litigation for most school districts. Due process can have both positive and negative effects. Engagement can be costly to both school districts and parents and result in feelings of distrust which harm parent-school partnerships, critical to the development of Individual Education Programs (IEPs). Due process engagement and subsequent rulings by the courts has helped to shape policy and improve the quality of education programs for students with disabilities. Due to the negative effects, it is generally agreed that due process should be avoided whenever possible. This dissertation examines student factors, school factors, and allegations most often cited in 176 parent-initiated due process hearing (DPH) requests to help school leaders identify predictive variables for due process and programs in need of evaluation and improvement. Keywords: IDEA, dispute, litigation, due process, special education, parent- initiated, hearing requests, procedural safeguards
