Special Education Due Process Hearings

Abstract

This article presents findings from an analysis of special education due process hearing decisions rendered in Iowa from July 1, 1989, through June 30, 2001. Detailed information regarding specific issues of dispute and prevailing party is presented, with an emphasis on differences in issues occurring at different grade levels and for gender. Results show that placement continues to be the most contentious issue overall; however, the most prevalent issues vary by grade level of the student. The most frequent issue named for students in elementary school was that of evaluation, for those in middle school it was suspension/expulsion, and for high school students it was placement. Boys were involved in hearings more frequently than were girls, except when the issue was methodology or related services. Districts prevailed most often overall, with 63% of decisions in their favor. Parents prevailed more frequently in issues of graduation and suspension/expulsion. Policy implications are discussed.

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