Overview

This one-of-a-kind, comprehensive resource provides all the information necessary both to avoid and to prepare for special education disputes. This book ensures that all parties receive the necessary information prior to proceeding to complaints, mediations, or hearings. While incorrect or inadequate information can lead to an inappropriate education for students with disabilities, correct information can enhance the education of students with disabilities and help to ensure the legal mandates guaranteed by the federal law. To avoid dispute resolution, it is critically important that education personnel understand how to ensure compliance with significant aspects of the Individuals with Disabilities Education Act. Administrators and teachers must know (a) how to prepare for a state complaint investigation, mediations, and due process hearings, (b) what is involved and what is expected in each, and (c) what happens at the conclusion of the complaint investigation, mediation, or due process hearing. Written for all parties—special education administrators, principals, building administrators, teachers, and parents—this resource provides information about the dispute resolution systems: what is involved, how to prepare, the conduct of the complaint investigations, mediations, and due process hearings. Notably, the authors discuss how disputes can be avoided, but also when they occur, how school staff can to continue to work with productively with parents after the complaint or hearing.

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9781538156155

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Reviews

Not only will this text be a valuable addition to teacher prepatory programs, but it can benefit administrators, special education specialists and clinicians, parents of students with disabilities, and disabled individuals. Readers will gain clarity regarding the legal procedures of dispute resolution under IDEA, and how to resolve disputes equitably and legally, to fully protect disabled students and their parents. This is a much-needed resource in the field!--Elizabeth A. Harkins (Monaco), William Paterson University Dispute Resolutions Under the IDEA is an excellent resource for all special education stakeholders. It gives clear guidance on how to amicably resolve disagreements, as well as how to avoid them in the first place.--Richard Mehrenberg, Millersville University The legal pitfalls in special education law can trap the uninformed practitioner, and its complicated processes can overwhelm parents and student advocates. The authors provide a well-organized text to assist both groups, providing guidance in this complicated but important part of school law. This book could also serve as a textbook in a special education law course for a variety of future educational professionals.--Timothy Letzring, JD, EdD, University of Central Florida An updated guide on special education disputes and overview of related issues, Dispute Resolution Under the IDEA balances providing technical and legal information with application-based information. This resource is vitally important and useful for administrators, special education teachers, general education teachers, related service providers, and parents.--Kaitlin Bundock, Utah State University Any educator who finds themselves in the special education arena without the background education or experience to truly understand dispute resolution under the IDEA would benefit from this resource. The authors have provided a clear explanation for the reasons for the dispute resolution process, as well as how the process works.--Elizabeth Timmerman Lugg, JD, PhD, Illinois State University This book explains complex legal processes in terms that can be comprehended by multiple stakeholders including administrators, educators, and parents. Additionally, incorporating the most recent supreme court decisions in the discussion provides relevant, up-to-date context on how the interpretation of IDEA has been impacted by this ruling. This book is written in a fair and equitable tone that respects the rights and responsibilities of both parties and explains the complexities of the legalities in terms that can be comprehended by individuals of varying educational backgrounds.--Gloria Niles, University of Hawai'i-West O'ahu The authors provide outstanding definition of the comprehensive nature of special education law, and offer an array of insights on how to proactively resolve conflict, thus preventing the costly and time-consuming ordeal that litigation involves. This resource is a preventive law jewel indeed.--Joseph 'Rocky' Wallace, PhD, coordinator, Principal Licensure Program; associate professor of Graduate Education, Asbury University This text is desperately needed: a book dedicated to the appeal process and legal rights of both sides of special education law (Specific to IDEA). First and foremost, parents are always looking for resources to improve their understanding of their and their child's rights in the special education process. Readers can find all the information about this topic in one reputable place, follow the law at each step of the process, and understand the process as a whole.--Michelle McKnight, Utah State University

An updated guide on special education disputes and overview of related issues, Dispute Resolution Under the IDEA balances providing technical and legal information with application-based information. This resource is vitally important and useful for administrators, special education teachers, general education teachers, related service providers, and parents.--Kaitlin Bundock, Utah State University Any educator who finds themselves in the special education arena without the background education or experience to truly understand dispute resolution under the IDEA would benefit from this resource. The authors have provided a clear explanation for the reasons for the dispute resolution process, as well as how the process works.--Elizabeth Timmerman Lugg, JD, PhD, Illinois State University Bateman, Yell, and Dorego provide a necessary resource for special education administrators, teachers, and parents of students with disabilities. Disagreements between schools and caregivers can occur when one entity believes FAPE is being denied to a student with a disability. The special education process can be daunting, and when a dispute arises, it can be overwhelming. This book provides important information and strategies for handling disputes once they get to a hearing, but more importantly, offers pro-active steps to avoid disputes altogether. This book demystifies the dispute process by explaining complex processes in understandable terms. It is an excellent resource for professionally and expertly resolving conflicts for the best interest of the student.--Ruby L. Owiny, Minnesota State University, Mankato; past president of the Teacher Education Division of CEC Bateman, Yell, and Dorego provide an excellent introduction to special education dispute processes. This is a must-read for parents of children with disabilities, school administrators, and those who teach administration and supervision courses.--Brittany L. Hott, PhD, BCBA-D, University of Oklahoma Bateman, Yell, and Dorego's new book provides readers with a focused and detailed clarification of a noticeable gap in the special education law and policy research--namely how parents and school officials can use dispute resolution processes under the IDEA to more successfully manage special education disputes. Additionally, the authors provide readers with a clear road map of recommendations based on decades of professional experiences to navigate the myriad and complexity of dispute resolution processes available under the IDEA, including mediation, resolution meetings, and due process hearings. The current evidence is compelling that effective dispute resolution is a cost and time saving alternative to handling special education disputes compared to litigation. One of the central themes of this book is how to effectively use dispute resolution practices and procedures to facilitate collaborative and positive partnerships between parents and school personnel. The result is a successful and appreciated addition to the special education law literature on how to effectively and efficiently use the procedural safeguards of alternative dispute resolution under the IDEA to better serve students with disabilities.--Kevin P. Brady, University of Arkansas; program director, UCEA Center for the Study of Leadership and the Law Dispute Resolution Under the IDEA is a thoughtfully written and well-organized book. This book really addresses the intent of IDEA: it offers all stakeholders the same valuable information! The law encourages schools and parents to work together to establish a cooperative process, because no party should have information that provides them a 'unique advantage', and this book gets to the heart of that goal. When everyone involved in the special education process truly understands the provisions of the law and what schools are to provide, there should be less need for mediation and dispute resolution. This book should be mandatory reading in administrator licensing and teacher preparation programs. It would also be valuable for schools to provide parents with this easy to understand book at the beginning of student's journey into special education.--Kyena E. Cornelius, Minnesota State University, Mankato Dispute Resolution Under the IDEA is essential reading for anyone interested in knowing what families and schools can--and cannot--expect with the dispute process. The chapters are engaging, clear, and detailed. This book is grounded in current cases and provides the 'nuts and bolts' that other texts miss. I highly recommend!--Katrina Arndt, St. John Fisher University Dispute Resolutions Under the IDEA is an excellent resource for all special education stakeholders. It gives clear guidance on how to amicably resolve disagreements, as well as how to avoid them in the first place.--Richard Mehrenberg, Millersville University Not only will this text be a valuable addition to teacher prepatory programs, but it can benefit administrators, special education specialists and clinicians, parents of students with disabilities, and disabled individuals. Readers will gain clarity regarding the legal procedures of dispute resolution under IDEA, and how to resolve disputes equitably and legally, to fully protect disabled students and their parents. This is a much-needed resource in the field!--Elizabeth A. Harkins (Monaco), William Paterson University The authors provide an outstanding definition of the comprehensive nature of special education law, and offer an array of insights on how to proactively resolve conflict, thus preventing the costly and time-consuming ordeal that litigation involves. This resource is a preventive law jewel indeed.--Joseph 'Rocky' Wallace, PhD, coordinator, Principal Licensure Program; associate professor of Graduate Education, Asbury University The legal pitfalls in special education law can trap the uninformed practitioner, and its complicated processes can overwhelm parents and student advocates. The authors provide a well-organized text to assist both groups, providing guidance in this complicated but important part of school law. This book could also serve as a textbook in a special education law course for a variety of future educational professionals.--Timothy Letzring, JD, EdD, University of Central Florida This book explains complex legal processes in terms that can be comprehended by multiple stakeholders including administrators, educators, and parents. Additionally, incorporating the most recent supreme court decisions in the discussion provides relevant, up-to-date context on how the interpretation of IDEA has been impacted by this ruling. This book is written in a fair and equitable tone that respects the rights and responsibilities of both parties and explains the complexities of the legalities in terms that can be comprehended by individuals of varying educational backgrounds.--Gloria Niles, University of Hawai'i This book fills an important gap in special education law materials. It supports educators, school leaders, and families in gaining a comprehensive understanding of the dispute resolution process through a user-friendly, step-by-step explanation presented by experts well-versed in both policy and practice. It will serve as an excellent desk reference for specific aspects of the process as needed!--Kristin M. Murphy, University of Massachusetts, Boston This book is much needed. Special education disputes between parents and school officials can be costly financially and emotionally. There is no doubt this book will help stakeholders negotiate conflict when it occurs. The authors skillfully combine legal guidance with practical advice as they explain the steps to take and why to take them to ensure an appropriate education for students with disabilities.--Jean B. Crockett, Professor Emeritus, special education, University of Florida This text is desperately needed: a book dedicated to the appeal process and legal rights of both sides of special education law (specific to IDEA). First and foremost, parents are always looking for resources to improve their understanding of their and their child's rights in the special education process. Readers can find all the information about this topic in one reputable place, follow the law at each step of the process, and understand the process as a whole.--Michelle McKnight, Utah State University With this book, Bateman, Yell, and Dorego offer a much-needed resource for a variety of stakeholders in which they address dispute resolution in a plain-language manner without watering down the essential knowledge and information of this topic. The authors treat the entire range of dispute resolution options, sharing their combined wealth of knowledge regarding multiple processes including the State Complaint Process, which is less often considered and discussed to the extent it is in this text. Readers will note that the information offered may help improve problem solving before litigation is required. They share their advice and strategies with a focus on better services and cooperation among professionals and parents--rather than adversarial processes which are so often the focus of texts. I believe the impact of this book will be a redirection of the collective efforts of stakeholders from time-consuming and costly dispute resolution processes to improved services and instruction for students with disabilities--where it should be.--James G. Shriner, University of Illinois Urbana-Champaign

An updated guide on special education disputes and overview of related issues, Dispute Resolution Under the IDEA balances providing technical and legal information with application-based information. This resource is vitally important and useful for administrators, special education teachers, general education teachers, related service providers, and parents.--Kaitlin Bundock, Utah State University Any educator who finds themselves in the special education arena without the background education or experience to truly understand dispute resolution under the IDEA would benefit from this resource. The authors have provided a clear explanation for the reasons for the dispute resolution process, as well as how the process works.--Elizabeth Timmerman Lugg, JD, PhD, Illinois State University This book explains complex legal processes in terms that can be comprehended by multiple stakeholders including administrators, educators, and parents. Additionally, incorporating the most recent supreme court decisions in the discussion provides relevant, up-to-date context on how the interpretation of IDEA has been impacted by this ruling. This book is written in a fair and equitable tone that respects the rights and responsibilities of both parties and explains the complexities of the legalities in terms that can be comprehended by individuals of varying educational backgrounds.--Gloria Niles, University of Hawai'i-West O'ahu The authors provide outstanding definition of the comprehensive nature of special education law, and offer an array of insights on how to proactively resolve conflict, thus preventing the costly and time-consuming ordeal that litigation involves. This resource is a preventive law jewel indeed.--Joseph 'Rocky' Wallace, PhD, coordinator, Principal Licensure Program; associate professor of Graduate Education, Asbury University This text is desperately needed: a book dedicated to the appeal process and legal rights of both sides of special education law (Specific to IDEA). First and foremost, parents are always looking for resources to improve their understanding of their and their child's rights in the special education process. Readers can find all the information about this topic in one reputable place, follow the law at each step of the process, and understand the process as a whole.--Michelle McKnight, Utah State University

The authors provide outstanding definition of the comprehensive nature of special education law, and offer an array of insights on how to proactively resolve conflict, thus preventing the costly and time-consuming ordeal that litigation involves. This resource is a preventive law jewel indeed.--Joseph 'Rocky' Wallace, PhD, coordinator, Principal Licensure Program; associate professor of Graduate Education, Asbury University This text is desperately needed: a book dedicated to the appeal process and legal rights of both sides of special education law (Specific to IDEA). First and foremost, parents are always looking for resources to improve their understanding of their and their child's rights in the special education process. Readers can find all the information about this topic in one reputable place, follow the law at each step of the process, and understand the process as a whole.--Michelle McKnight, Utah State University

An updated guide on special education disputes and overview of related issues, Dispute Resolution Under the IDEA balances providing technical and legal information with application-based information. This resource is vitally important and useful for administrators, special education teachers, general education teachers, related service providers, and parents. --Kaitlin Bundock, Utah State University Any educator who finds themselves in the special education arena without the background education or experience to truly understand dispute resolution under the IDEA would benefit from this resource. The authors have provided a clear explanation for the reasons for the dispute resolution process, as well as how the process works. --Elizabeth Timmerman Lugg, JD, PhD, Illinois State University Bateman, Yell, and Dorego provide a necessary resource for special education administrators, teachers, and parents of students with disabilities. Disagreements between schools and caregivers can occur when one entity believes FAPE is being denied to a student with a disability. The special education process can be daunting, and when a dispute arises, it can be overwhelming. This book provides important information and strategies for handling disputes once they get to a hearing, but more importantly, offers pro-active steps to avoid disputes altogether. This book demystifies the dispute process by explaining complex processes in understandable terms. It is an excellent resource for professionally and expertly resolving conflicts for the best interest of the student. --Ruby L. Owiny, Minnesota State University, Mankato; past president of the Teacher Education Division of CEC Bateman, Yell, and Dorego provide an excellent introduction to special education dispute processes. This is a must-read for parents of children with disabilities, school administrators, and those who teach administration and supervision courses. --Brittany L. Hott, PhD, BCBA-D, University of Oklahoma Bateman, Yell, and Dorego's new book provides readers with a focused and detailed clarification of a noticeable gap in the special education law and policy research--namely how parents and school officials can use dispute resolution processes under the IDEA to more successfully manage special education disputes. Additionally, the authors provide readers with a clear road map of recommendations based on decades of professional experiences to navigate the myriad and complexity of dispute resolution processes available under the IDEA, including mediation, resolution meetings, and due process hearings. The current evidence is compelling that effective dispute resolution is a cost and time saving alternative to handling special education disputes compared to litigation. One of the central themes of this book is how to effectively use dispute resolution practices and procedures to facilitate collaborative and positive partnerships between parents and school personnel. The result is a successful and appreciated addition to the special education law literature on how to effectively and efficiently use the procedural safeguards of alternative dispute resolution under the IDEA to better serve students with disabilities. --Kevin P. Brady, University of Arkansas; program director, UCEA Center for the Study of Leadership and the Law Dispute Resolution Under the IDEA is a thoughtfully written and well-organized book. This book really addresses the intent of IDEA: it offers all stakeholders the same valuable information! The law encourages schools and parents to work together to establish a cooperative process, because no party should have information that provides them a 'unique advantage', and this book gets to the heart of that goal. When everyone involved in the special education process truly understands the provisions of the law and what schools are to provide, there should be less need for mediation and dispute resolution. This book should be mandatory reading in administrator licensing and teacher preparation programs. It would also be valuable for schools to provide parents with this easy to understand book at the beginning of student's journey into special education. --Kyena E. Cornelius, Minnesota State University, Mankato Dispute Resolution Under the IDEA is essential reading for anyone interested in knowing what families and schools can--and cannot--expect with the dispute process. The chapters are engaging, clear, and detailed. This book is grounded in current cases and provides the 'nuts and bolts' that other texts miss. I highly recommend! --Katrina Arndt, St. John Fisher University Dispute Resolutions Under the IDEA is an excellent resource for all special education stakeholders. It gives clear guidance on how to amicably resolve disagreements, as well as how to avoid them in the first place. --Richard Mehrenberg, Millersville University Not only will this text be a valuable addition to teacher prepatory programs, but it can benefit administrators, special education specialists and clinicians, parents of students with disabilities, and disabled individuals. Readers will gain clarity regarding the legal procedures of dispute resolution under IDEA, and how to resolve disputes equitably and legally, to fully protect disabled students and their parents. This is a much-needed resource in the field! --Elizabeth A. Harkins Monaco, William Paterson University The authors provide an outstanding definition of the comprehensive nature of special education law, and offer an array of insights on how to proactively resolve conflict, thus preventing the costly and time-consuming ordeal that litigation involves. This resource is a preventive law jewel indeed. --Joseph 'Rocky' Wallace, PhD, coordinator, Principal Licensure Program; associate professor of Graduate Education, Asbury University The legal pitfalls in special education law can trap the uninformed practitioner, and its complicated processes can overwhelm parents and student advocates. The authors provide a well-organized text to assist both groups, providing guidance in this complicated but important part of school law. This book could also serve as a textbook in a special education law course for a variety of future educational professionals. --Timothy Letzring, JD, EdD, University of Central Florida This book explains complex legal processes in terms that can be comprehended by multiple stakeholders including administrators, educators, and parents. Additionally, incorporating the most recent supreme court decisions in the discussion provides relevant, up-to-date context on how the interpretation of IDEA has been impacted by this ruling. This book is written in a fair and equitable tone that respects the rights and responsibilities of both parties and explains the complexities of the legalities in terms that can be comprehended by individuals of varying educational backgrounds. --Gloria Niles, University of Hawai'i This book fills an important gap in special education law materials. It supports educators, school leaders, and families in gaining a comprehensive understanding of the dispute resolution process through a user-friendly, step-by-step explanation presented by experts well-versed in both policy and practice. It will serve as an excellent desk reference for specific aspects of the process as needed! --Kristin M. Murphy, University of Massachusetts, Boston This book is much needed. Special education disputes between parents and school officials can be costly financially and emotionally. There is no doubt this book will help stakeholders negotiate conflict when it occurs. The authors skillfully combine legal guidance with practical advice as they explain the steps to take and why to take them to ensure an appropriate education for students with disabilities. --Jean B. Crockett, Professor Emeritus, special education, University of Florida This text is desperately needed: a book dedicated to the appeal process and legal rights of both sides of special education law (specific to IDEA). First and foremost, parents are always looking for resources to improve their understanding of their and their child's rights in the special education process. Readers can find all the information about this topic in one reputable place, follow the law at each step of the process, and understand the process as a whole. --Michelle McKnight, Utah State University With this book, Bateman, Yell, and Dorego offer a much-needed resource for a variety of stakeholders in which they address dispute resolution in a plain-language manner without watering down the essential knowledge and information of this topic. The authors treat the entire range of dispute resolution options, sharing their combined wealth of knowledge regarding multiple processes including the State Complaint Process, which is less often considered and discussed to the extent it is in this text. Readers will note that the information offered may help improve problem solving before litigation is required. They share their advice and strategies with a focus on better services and cooperation among professionals and parents--rather than adversarial processes which are so often the focus of texts. I believe the impact of this book will be a redirection of the collective efforts of stakeholders from time-consuming and costly dispute resolution processes to improved services and instruction for students with disabilities--where it should be. --James G. Shriner, University of Illinois Urbana-Champaign

Dispute Resolutions Under the IDEA is an excellent resource for all special education stakeholders. It gives clear guidance on how to amicably resolve disagreements, as well as how to avoid them in the first place.--Richard Mehrenberg, Millersville University The legal pitfalls in special education law can trap the uninformed practitioner, and its complicated processes can overwhelm parents and student advocates. The authors provide a well-organized text to assist both groups, providing guidance in this complicated but important part of school law. This book could also serve as a textbook in a special education law course for a variety of future educational professionals.--Timothy Letzring, JD, EdD, University of Central Florida An updated guide on special education disputes and overview of related issues, Dispute Resolution Under the IDEA balances providing technical and legal information with application-based information. This resource is vitally important and useful for administrators, special education teachers, general education teachers, related service providers, and parents.--Kaitlin Bundock, Utah State University Any educator who finds themselves in the special education arena without the background education or experience to truly understand dispute resolution under the IDEA would benefit from this resource. The authors have provided a clear explanation for the reasons for the dispute resolution process, as well as how the process works.--Elizabeth Timmerman Lugg, JD, PhD, Illinois State University This book explains complex legal processes in terms that can be comprehended by multiple stakeholders including administrators, educators, and parents. Additionally, incorporating the most recent supreme court decisions in the discussion provides relevant, up-to-date context on how the interpretation of IDEA has been impacted by this ruling. This book is written in a fair and equitable tone that respects the rights and responsibilities of both parties and explains the complexities of the legalities in terms that can be comprehended by individuals of varying educational backgrounds.--Gloria Niles, University of Hawai'i-West O'ahu The authors provide outstanding definition of the comprehensive nature of special education law, and offer an array of insights on how to proactively resolve conflict, thus preventing the costly and time-consuming ordeal that litigation involves. This resource is a preventive law jewel indeed.--Joseph 'Rocky' Wallace, PhD, coordinator, Principal Licensure Program; associate professor of Graduate Education, Asbury University This text is desperately needed: a book dedicated to the appeal process and legal rights of both sides of special education law (Specific to IDEA). First and foremost, parents are always looking for resources to improve their understanding of their and their child's rights in the special education process. Readers can find all the information about this topic in one reputable place, follow the law at each step of the process, and understand the process as a whole.--Michelle McKnight, Utah State University

Author Information

Mitchell L. Yell, PhD, is the Fred and Francis Lester Palmetto Chair in Teacher Education and a Professor in Special Education at the University of South Carolina. His professional interests include special education law, IEP development, progress monitoring, and parent involvement in special education. Dr. Yell has published 136 journal articles, 6 textbooks, 36 book chapters, and has conducted numerous workshops on various aspects of special education law, classroom management, and progress monitoring. His textbook, Special Education and the Law, is in its 5th edition. He co-authored the text Developing Educationally Meaningful and Legally Sound IEPs. Dr. Bateman and Dr. Yell are the editors of the Special Education Law, Policy, and Practice series published by Rowman & Littlefield. In 2020, he was awarded the Researcher of the Year from the Council for Exceptional Children. Dr. Yell also serves as a State-level due process review officer (SRO) in South Carolina and is on the Board of Directors of the Council for Exceptional Children. Prior to working in higher education, Dr. Yell was a special education teacher in Minnesota for 12 years. David F. Bateman, PhD, is a professor at Shippensburg University in the Department of Educational Leadership and Special Education where he teaches courses on special education law, assessment, and facilitating inclusion. He is also a senior consultant at the American Institutes for Research. He is a former due process hearing officer for Pennsylvania where is was involved with 580 hearings. He uses his knowledge of litigation relating to special education to assist school districts in providing appropriate supports for students with disabilities. His latest area of research has been on the role of principals in special education. He has been a classroom teacher of students with learning disabilities, behavior disorders, intellectual disability, and hearing impairments, and a building administrator for summer programs. He has recently co-authored the following books: A Principal’s Guide to Special Education, A Teacher’s Guide to Special Education, Charting the Course: Special Education in Charter Schools, Current Trends and Legal Issues in Special Education, and Developing Educationally Meaningful and Legally Sound IEPs. Drs. Yell and Bateman are the editors of the Special Education Law, Policy, and Practice series published by Rowman & Littlefield. Jonas Dorego, Med, is a retired Compliance Officer for the Guam Department of Education. Ms. Dorego has worked as a compliance officer for the last 20 years managing the Guam Department of Education’s General Supervision System, including managing special education disputes. Her experience includes providing direct technical assistance to school teams on how to develop legally defensible IEPs, preparing school administrators on how to avoid special education disputes with parents, assisting the DOE on how to resolve disputes without going to hearing, preparing school teams to prepare for the actual hearing, and how to implement hearing outcomes.

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