The Individuals with Disabilities Education Act (IDEA) provides eligible students with the right to a free appropriate public education (FAPE) as specified in an individualized education program (IEP). An unusual feature of the IDEA is providing the parents of students with disabilities and their school districts with the right to a binding “impartial due process hearing” at the administrative level, subject to appeal. This mechanism for administrative adjudication has been the subject of continuing policy debate and occasional statutory refinements. One of the ongoing concerns in this policy consideration has been the win-loss rate of due process hearings (DPHs). Similarly, the decisional outcomes rate has been the subject of litigation. However, the rather extensive previous empirical research on the outcomes of DPHs has been flawed in various respects, particularly in the lack of representative accuracy on a national basis. This article will first address previous research about DPH outcome analyses from single states. Subsequently, this article will address DPH decision outcomes during a six-year period, as well as analyze the findings and conclusion of the conducted study.
Perry A. Zirkel and Diane M. Holben,
The Outcomes of Fully Adjudicated Impartial Hearings under the IDEA:
A Nationally Representative Analysis with and without New York,
44 J. Nat’l Ass’n Admin. L. Judiciary
Available at: https://digitalcommons.pepperdine.edu/naalj/vol44/iss1/4