ERIC Number: ED466060
Record Type: RIE
Publication Date: 2002-Apr
Due Process Hearings: 2001 Update. Quick Turn Around (QTA).
This brief report presents state data from 10 years (1991-2000) on the number of special education due process hearings requested and the number actually held. It notes requirements for designing and conducting due process hearings under both federal (Individuals with Disabilities Education Act) and state laws. It also finds that the major difference among states is the use of either a single- or a two-level structure. In the one-tier system, hearings are initiated at the state level with no formal hearing procedure at lower levels, whereas in the two-tier system, a hearing takes place first at the school or district level with the right of appeal to the state level. The report also notes that states vary in collection of calendar or school year data. Major findings indicate a continuation of the pattern of annual increases in the number of hearings requested at Level 1, although the total number of hearings held continued to decline. Results suggest the increasing use of alternate strategies for dispute resolution, especially mediation. Tables present the following data by state and year: (1) number of hearings requested at Level 1; (2) number of hearings held at Level 1; and (3) number of hearings held at Level 2 for two-tier states. (DB)
Descriptors: Compliance (Legal), Conflict Resolution, Disabilities, Due Process, Educational Legislation, Elementary Secondary Education, Federal Legislation, Hearings, State Norms
National Association of State Directors of Special Education, 1800 Diagonal Rd., Suite 320, Alexandria, VA 22314. For full text: http://www.nasdse.org/forum.htm.
Publication Type: Reports - Descriptive
Education Level: N/A
Sponsor: Special Education Programs (ED/OSERS), Washington, DC.
Authoring Institution: National Association of State Directors of Special Education, Alexandria, VA.
Note: For the 1999 update, see ED 436 880.