About 13 percent of students in federally supported programs, or about   6.5 million children, receive special education services under IDEA. SEA and LEA officials also identified a number of issues related to the IEP  that caused disagreements between parents and school districts. Available Data Indicate That Dispute Resolution Activity Was Generally Low; Due Process Hearings Were Concentrated in a Few Locations

While national data on disputes are limited and inexact, the reported  available information indicates that formal dispute resolution activity, as  measured by the number of due process hearings, state complaints, and  mediations, was generally low. In April 2002, NASDSE reported that, over the 5-year period,  requests for hearings steadily increased from 7,532 to 11,068. NASDSE reported that the number of due process  hearings held was low and had decreased from 3,555 to 3,020.’ We  calculated that due process hearings occurred at a low rate of about   5 per  10,000 students with disabilities in 2000. Nearly 80 percent of all hearings were held in 5 states—California,  Maryland, New Jersey, New York, and Pennsylvania—and the District of  Columbia. The rates of due process hearings per 10,000 students in these  states ranged from 3 in California to 24 in New York; in the District of  Columbia the rate was 336 due process hearings per 10,000. Rates of Mediations and State Complaints Were Also Low

According to limited national data available from three studies, the rates of  mediations and complaints per 10,000 students with disabilities were  generally low, but somewhat higher than the rates of due process hearings. States We Visited Were Emphasizing Mediation, and Some Locations Used Additional Strategies

In the 4 states in our review, and in Iowa, where we examined alternative  dispute resolution strategies, officials told us they emphasized mediation  in resolving disputes, and some locations had developed additional  strategies for early resolution of disagreements between families and  school districts. The problems  they encountered had little impact on the timeliness of the complaint  process; state and local education officials appeared to be working  together to overcome them. In addition, we met with representatives of  other professional organizations, including the National Association of  State Directors of Special Education and the Consortium for Appropriate  Dispute Resolution in Special Education. To identify what kinds of issues resulted in formal disputes between  parents and school districts, we interviewed state and local education  officials, parent resource and advocacy groups, and obtained data during  our site visits to California, Massachusetts, Ohio, and Texas. This  study, funded by the Office of Special Education Programs (OSEP), is  collecting data over a 5-year period by means of mailed surveys at the  state, district, and school levels, and through case studies of the  implementation of the Individuals with Disabilities Education Act  (IDEA) in selected school districts on selected topics.
Why GAO Did This Study

In the 2001-02 school year, about 6.5 million children aged 3 through 21 received special education services under the Individuals with Disabilities Education Act (IDEA). On occasion, parents and schools disagree about what kinds of special services, if any, are needed for children and how they should be provided. Conflicts between school officials and families sometimes become costly, both financially and in terms of the harm done to relationships. As requested, GAO determined the kinds of issues that result in formal disputes, the extent to which the three formal mechanisms (due process hearings, mediations, and state complaints) are employed for resolution, the role of mediation and other alternative dispute resolution strategies in selected locations, and whether local education agencies received adequate and timely complaint notifications from states. To address these objectives, GAO reviewed available national data and conducted site visits to state and local education agencies in four states--California, Massachusetts, Ohio, and Texas.

What GAO Found

Officials in four states told GAO that disagreements usually arose between parents and school districts over fundamental issues of identifying students' need for special education, developing and implementing their individualized education programs, and determining the appropriate education setting. While national data on disputes are limited and inexact, the available information showed that formal dispute resolution activity, as measured by the number of due process hearings, state complaints, and mediations, was generally low. According to the National Association of State Directors of Special Education, while requests for hearings increased from 7,532 to 11,068 over a 5-year period, the number of due process hearings held decreased from 3,555 to 3,020; much of the 5-year decline occurred in New York. Additionally, most due process hearings were concentrated in five states--California, Maryland, New Jersey, New York, and Pennsylvania--and the District of Columbia. Overall, dispute resolution activity was generally low relative to the number of students with disabilities. About 5 due process hearings were held per 10,000 students with disabilities. National studies also reported no more than an estimated 7 mediations per 10,000 students and about 10 state complaints per 10,000 students. States GAO visited emphasized mediation in resolving disputes and made it more available than federal law required. Some locations had developed additional strategies for early resolution of disagreements between parents and school districts. Finally, school district officials in the four states said they had few problems with state complaint notifications, and problems encountered had little impact on the timeliness of the complaint process: state and local education officials appeared to be working together to overcome them.