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ERIC Number: EJ802359
Record Type: Journal
Publication Date: 2008-Mar
Pages: 10
Abstractor: ERIC
Reference Count: 32
ISSN: ISSN-1525-1810
Due Process Hearings under the IDEA: A Longitudinal Frequency Analysis
Zirkel, Perry A.; Gischlar, Karen L.
Journal of Special Education Leadership, v21 n1 p22-31 Mar 2008
The primary purpose of this article is to track the trend in the number of due process hearings that have been adjudicated under the IDEA (i.e., in which the hearing officer issued a written decision) nationally for the past 15 years. The secondary purpose is to rank order the states by the number of adjudicated hearings both on an overall basis and on a per capita basis (i.e., per 10,000 special education students). The authors obtained the number of due process hearings adjudicated from 1991 to 2005. On an overall basis for the nation, the pattern was a steady upward slope from 1991 to 1996, followed by a relative leveling off since 1997. The high plateau since 1997 is more undulating when the national totals are adjusted for the gradual growth of special education enrollments during the entire period. The state-by-state totals for the entire period revealed that relatively few states--starting with New York and New Jersey--accounted for the vast majority of these hearings, with a corresponding small group of states at the other extreme accounting for a negligible amount of hearings. When adjusted for special education enrollments, the state totals revealed some major changes in rank-order position, whereas New York remained ranked as 1 and Utah as 50. (Contains 2 figures and 1 table.)
Council of Administrators of Special Education. Fort Valley State University, 1005 State University Drive, Fort Valley, GA 31030. Tel: 478-825-7667; Fax: 478-825-7811; Web site:
Publication Type: Information Analyses; Journal Articles; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Individuals with Disabilities Education Act