Increasing the dialogue among stakeholders in New Jersey’s special education system

Snapshot: Trends in Dispute Resolution

Sep 24, 2014 | Snapshot

IDEA requires states to offer formal processes to resolve conflicts arising between parents and schools. The use of adversarial processes, such as due process complaints, grew from the 1990s through 2005, but the use of these formal processes has declined since the full implementation of IDEA 2004. Much of that decline has resulted from the use of early, more collaborative approaches to resolve IDEA-related disputes between families and schools. Some states have reported that the use of collaborative approaches is linked to less use of formal processes, leading to fiscal savings, increased system efficiencies, and improved school-family relationships.

  1. Since the 2005-06 school year, the number of written complaints about special education nationwide has declined by 15%.
  2. Since 2005-06, the number of due process complaints has declined by 10%.
  3. Since 2005-06, the number of due process hearings in down by 58%.
  4. 87% of due process complaints in 2011-12 were resolved without a hearing, compared to 72% in 2005-06.
  5. 29 states now offer IEP facilitation statewide, compared to only eight states in 2005.
  6. States that offer facilitation for resolution meetings report higher rates of settlement agreements—50% compared with 26% nationwide.
  7. The number of due process cases filed in the United States has declined from 18,358 in 2006-07, to 17,118 in 2011-12. (*)
  8. Nationwide, the number of due process filings that were “adjudicated” (heard by a judge and a written decision issued) fell by more than 50%, from 4,532 in 2007 to 2,269 in 2011-12. (*)
  9. Roughly five out of every six due process filings are withdrawn, dismissed, resolved, or settled at mediation. (*)
  10. The number of due process decisions in New Jersey has dropped slightly, from 55 in 2006-07 to 52 in 2011-12. (*)
  11. Nationwide, school districts spend over $90M in conflict resolution, according to a 2013 report produced by the American Association of School Administrators.

Unless otherwise noted, data are from the Center for Appropriate Dispute Resolution in Special Education, December 2013. All data for the 2010-11 school year.

(*) Data reported by Perry Zirkel, as reported by Disability Scoop.