An analysis of special education due process hearings in two midwestern states
Abstract
Mediation has been supported by all members of the special education community as a method of avoiding the extensive monetary and hidden costs associated with state level due process hearings. It has been suggested that the cumulative results of hearing decisions could assist parents and administrators in rational decision making by allowing judgments to be made regarding the strength of a case prior to entering into mediation. Consequently, the primary purpose of this study was to conduct an analysis of special education hearings for their precedential value. A secondary purpose was to determine if significant differences exist between or within the two states under investigation which would warrant further research. Three hundred eighty eight special education due process hearing requests filed with the Ohio and Indiana State Departments of Education were analyzed on twelve variables. Statistical analyses revealed no significant differences between states on: (1) the petitioning party, (2) the number of issues addressed in single hearings, (3) hearing officer decisions on fiscal issues, or (4) the characteristics of appeals. Significant differences between states were detected on: (1) the number of hearings dropped or resolved, (2) the types of issues addressed, (3) the number of alleged procedural violations contained in hearing requests, and (4) the prevailing party in hearing officer decisions. Within the state of Indiana, hearing officer decisions were found to be related to: (1) the petitioning party, (2) the issue being addressed, and (3) procedural violations. In addition, appeal decisions were found to be associated with the party petitioning for appeal. No relationships between variables were identified in the state of Ohio. A qualitative analysis of the bases for hearing officer decisions resulted in the emergence of eleven "decision rules" which could serve as guidelines for what constitutes compliance on specific issues. Implications of the findings for parents and practitioners in the field of special education, as well as areas needing further research, are discussed.
Degree
Ph.D.
Advisors
McInerney, Purdue University.
Subject Area
School administration|Special education
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