Avoiding Special Education Litigation in Rural School Districts

Abstract

The major purpose of the Individuals with Disabilities Education Act (IDEA) and its legislative predecessors has shifted in the past 25 years from simply providing access to educational services to an emphasis on providing meaningful, measurable, and accountable programs to students with disabilities (Katsiyannis, Yell, & Bradley, 2001). These changes have resulted in more students seeking services and legal protection under IDEA. These changes have also made school districts and particularly rural districts more vulnerable to parent initiated due process proceedings. A qualitative case study was conducted using data from several rural school districts in Kansas. Data were triangulated and summarized into five key principles. These five principles are offered to guide rural school districts in avoiding special educational due process proceedings.

Fathers’ Experiences With the Special Education System

“…It should not be a surprise that IEP meetings often ignite distrust, or in some cases, conflict between educators and parents (Harry, Allen, & McLaughlin, 1995;Lake & Billingsley, 2000). Conflict is an ongoing dilemma in the field of special education that can have detrimental effects on administrators, teachers, parents, and most importantly, the child (Hess et al, 2006;Mueller et al, 2008;Pudelski, 2013;Scheffel, Rude, & Bole, 2005). Disputes between parents and teachers often occur due to a lack of trust, poor communication, strained relationships, and misunderstanding of the special education law (Lake & Billingsley, 2000;Mueller et al, 2008).…”

“…To date, there have been few studies about parent experiences with conflict in special education. In fact, much of the research about this topic has focused on system problems and solutions (Mueller et al, 2008), factors that contribute to the escalation or deescalation of conflict (Lake & Billingsley, 2000), and administrators' experiences with conflict (Mueller & Piantoni, 2013;Pudelski, 2013;Scheffel et al, 2005). Research about parent perspectives of conflict and resolution is missing.…”

Litigation and Special Education

“…Along with the decrease in hearings, research efforts have increased to identify more appropriate dispute resolution practices. More specifically, researchers have focused on the identification of conflict resolution system solutions, rather than system problems (Mueller & Piantoni, 2013; Mueller et al, 2008; Scheffel, Rude, & Bole, 2005), due process hearing trends, issues and findings (Mueller & Carranza, 2011; Zirkel, & D’Angelo, 2002; Zirkel & Gischlar, 2008), and promising alternative dispute resolution strategies (Feinberg et al, 2002; Mueller, 2009a; Reiman et al, 2007). The Office of Special Education Programs at the U.S. Department of Education has also funded the CADRE for just over a decade.…”

Using Due Process Opinions as an Opportunity to Improve Educational Practice

“…The legal need for practitioners to review due process decisions is more essential today than ever before because of the prevailing legislative focus on improving educational results for all students (No Child Left Behind [NCLB] Act, 2001). When the original version of IDEA passed in 1975, the emphasis was on improving access to special education services for students with exceptionalities (Katsiyannis, Yell, & Bradley, 2001;Scheffel, Rude, & Bole, 2005). At that time, disagreements between families and professionals occurred mainly when interpretations differed about students' right to services; therefore, interpretation was often limited to issues of access.…”