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September 2003
 Special Education: Numbers of Formal Disputes
Are Generally Low and States Are Using Mediation and Other
Strategies to Resolve Conflicts
GAO-03-897
Officials in four states told GAO that
disagreements usually arose between parents and school districts
over fundamental issues of identifying students' needs 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. 
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