Addressing Special Education Disputes at the Lowest Level Appropriate: Avoiding Due Process

Is resolution hindered by attorney involvement? Even when a dispute is successfully settled, are there negative consequences? This presentation invites participants to analyze attorney involvement and contemplate strategies to prevent disputes. We will begin by sharing findings from a qualitative research study of 10 special education directors who were unconvinced that ADR was productive if it occurred after a due process complaint was filed. We will then ask participants to analyze the study’s recommendations that included: (1) reduce attorney involvement; (2) require parties to engage in a tiered system of dispute resolution; and (3) build the capacity of special education