Due Process Hearings under the IDEA: A Longitudinal Frequency Analysis.

Abstract

N The authors obtained the number of due process hearings adjudicated (i.e., conducted to completion resulting in a written decision) from 1991 to 2005. N 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. N 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. N The Individuals With Disabilities Education Act(IDEA) obligates school districts to identify students with disabilities and provide them with a free and appropriate public education, which includes special education services. At times, school

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