Majority of Due Process Cases Resolved Without Hearing

A recent study from CADRE, a federally-funded organization that studies and trains interested parties in dispute resolution in special education cases, found that 80% of due process cases that were filed resolved through mediation, resolution sessions or other informal means. State by state data on resolution of disputes is available here.

This report is totally consistent with my experiences and supports several of my long held beliefs and refutes myths about parents, their attorneys and the system:

• the prevailing wisdom in some circles is that money hungry attorneys are driving numerous cases to hearing to recover large sums from school districts. In the wake of recent court decisions (in most states), there is no fee-shifting when a case settles pre-hearing. The findings of this report flat out rebut any notion that fee hungry parents' attorneys are driving the system out of control;
• another popular view is that parents are unreasonable and file due process without a valid claim. The simple fact is that without a valid claim the majority of cases would not settle to the degree described in this report.  It is a fair inference that the vast majority of due process claims are valid with at least a colorable basis that lead the parties to settle;
• schools are being swamped and tied up in hours of unnecessary hearings. Obviously this belief is not founded since most cases are not even going to hearing.

The simple reality is that parents file due process in incredibly small numbers relative to the violations of the law that occur systematically and frequently. The reason for the small number of filings are numerous among them are a deep-seated need and desire to work with the school, limited personal resources which are already taxed when raising a child with special needs, and the enormous disparity of know-how and expertise that schools have relative to parents.   Schools need to stop complaining of parents' imaginary abuses of the due process system and stick to the facts.

Comments

[karenRZ]

We also had a due process case that was settled through an administrative hearing. It did save time, thus money for all concerned.

[PBMom]

Guess they don't take into account that instead of filing due process, parents are choosing to withdraw their child and either homeschool them or put them in private placement at their own expense because of the financial and emotional costs of filing complaint, mediation or due process. And schools are just loving that because they can wash their hands of their responsibility.

[kcspecialed]

Many parents don't know there are alternatives to due process such as 504 complaints, state child complaints, etc. Many parents are led to believe that due process is the only method of recourse, thus the parent quickly burns out.
Also, some states have very few attorneys who practice sped law for parents and keep current in it.