Public school officials in the United States are gearing up for the reauthorization of the Individuals with Disabilities Education Act ("IDEA"). Refining IDEA's rules over dispute resolution in special education will be a critical issue as Congress considers amending IDEA. The centerpiece of IDEA's dispute resolution regime, the due process hearing, has become the focus of a vigorous debate among special education scholars and stakeholders. While some commentators criticize due process hearings as unfair, excessively costly, and detrimental to school-parent relationships, others defend the due process hearing as an effective and essential safeguard of students' rights.
Stephen S. Worthington, Special Education Arbitration: "Rightness" as a Matter of Law and Fact?, 7 Y.B. Arb. & Mediation 271 (2015).