Litigation and Special Education: The Past, Present, and Future Direction for Resolving Conflicts Between Parents and School Districts

As we prepare for the upcoming reauthorization of the Individuals With Disabilities Education Act (IDEA), recommendations about restructuring dispute resolution options will likely surface. Conflict between parents and school districts has been a topic of high importance during previous IDEA reauthorizations, with Congress focused on the implementation of dispute resolution procedures that encourage meaningful problem solving and shared decision making. Studies indicate due process hearings can reach extreme costs and diminish opportunities to repair the parent-school partnership. These outcomes are not productive for any of the parties involved, especially the student. Over the past decade, due process hearing rates have decreased and researchers have identified a number of promising conflict prevention and resolution practices. This article provides a discussion of the changing relationship between litigation and special education through the interpretation of IDEA regulations, national data, and research. Recommendations for future research, policy, and practice are presented.