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Content Details

ED466060 - Due Process Hearings: 2001 Update. Quick Turn Around (QTA)

Category
Executive Agency Publications
Collection
Education Reports from ERIC
SuDoc Class Number
ED 1.615:
Date Issued
April 1, 2002
Author
Ahearn, Eileen
Source Institution
National Association of State Directors of Special Education, Alexandria, VA
Sponsoring Agency
Special Education Programs (ED/OSERS), Washington, DC
Publication Type
Reports - Descriptive
Subject
Compliance (Legal), Conflict Resolution, Disabilities, Due Process, Educational Legislation, Elementary Secondary Education, Federal Legislation, Hearings, State Norms
Abstract
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.