Analysis of Special Education Due Process Hearings in Texas

Abstract

The Individuals With Disabilities Education Improvement Act (IDEIA; 2004) requires school districts to identify students with disabilities and provide identified students with a free appropriate public education (FAPE) in the least restrictive environment (LRE). This process is quite involved, and actually begins prior to a referral for special education assessment, in that resources and interventions delivered in general education are attempted and documented regarding student progress. Once a student is suspected of having a disability, that student is referred and the process begins with a Full Individual Evaluation (FIE). If a student is eligible, the process culminates in the development of an Individualized Education Program (IEP). The IEP team, composed of a variety of school personnel and the student's parents, makes decisions regarding eligibility (e.g., Does the student qualify for special education? Specifically, does he or she meet the criteria for a disability condition, and by reason thereof, does he or she need specialized instruction?), educational programming (e.g., What are the student's needs regarding accommodations and modifications, including modified standards with specific goals and objectives for various courses, assistive technology, various related services such as counseling, speech/occupational/physical therapy?), and placement (e.g., In what type of program or class will the student be educated, and how many minutes will be spent in such classes, including access to general education?). Numerous other issues are addressed, and many decisions are made in the IEP meeting; the ultimate outcome is the student's total educational program.

Due Process Case Issues for Students With Emotional Disturbance

“…Manifestation determination reviews and discipline. Previous research has indicated that students identified as ED are disproportionately represented in due process hearings (Mueller & Carranza, 2011;Schanding et al, 2017;Zirkel, 2011). As behavioral challenges are a common, if not ubiquitous, concern for students with ED, and as students with an emotional disturbance are among those at highest risk for suspension among students with disabilities (Losen et al, 2014), we conjectured that this disproportional representation in hearings may be linked to behavior-related issues such as discipline and MDRs.…”

“…The authors utilized coding procedures similar to those from Blackwell and Blackwell (2015) and Schanding et al (2017). An initial set of codes was outlined by the research team and refined through discussion prior to coding and establishment of interrater reliability.…”

“…Although that poses some difficulty with respect to issues emanating from one disability, the most frequent disability categories represented in due process hearings have also been consistent across researchers. Autism (AU), learning disability (LD), other health impairment (OHI), and emotional disturbance (ED) are frequent student disability categories identified in hearings (Blackwell & Blackwell, 2015; Mueller & Carranza, 2011; Schanding et al, 2017; Shuran & Roblyer, 2012; Yocom, 2010).…”

“…There have been multiple studies about due process hearings (for summaries see Blackwell & Blackwell, 2015; Blackwell et al, 2019; Mueller & Carranza, 2011; Schanding et al, 2017). These studies have investigated perceptions of hearings by parents and educators, the various issues in hearings, the prevailing party in a hearing, and the types of disabilities in hearings.…”

“…In the Zirkel and Skidmore (2014) longitudinal analysis reviewing national data, the most common issues were program/placement (57%) and identification (18%). Schanding et al (2017) reviewed 139 Texas due process hearings and found the most common issues were the IEP (62.86%), evaluation (40%), placement (37.86%), and identification (32.14%). Though the specific percentage distribution varies across states and years, the general issues identified in due process hearings are fairly consistent.…”