Proposals to Reform the IDEA’s Due Process Structure

This presentation will discuss the relative merits of the IDEA's current due process structure and some proposals to reform the structure.This presentation will focus on both mandated and voluntary dispute resolution mechanisms. Particular areas to highlight are (a) the use of IEP facilitation as an "upstream" dispute resolution mechanism; (b) the efficacy of the mandated resolution session as an early dispute resolution mechanism; (c) the relative merits of a one-tier v. two-tier due process structures; and (d) proposals to add new dispute resolution mechanisms such as voluntary, binding arbitration or the use of expert consultants to recommend particular educational programming, including drafting a proposed IEP.