An analysis of judicial outcomes of special education cases

Abstract

Special education disputes continue to be a daily concern for public school administrators, a source of anxiety for parents, and a growth industry for attorneys. The filing of a civil suit acknowledges a failure to resolve disputes in local and state administrative forums. To proceed to court represents a significant step in terms of public and parental resources and relationships. Tracking a sample of court cases through the administrative and judicial venues, this study recorded wins and losses at each level in relation to various factors, including the deference accorded by judges to the earlier administrative proceedings. While district wins exceeded parent wins in due process hearings and appeals, the margin narrowed through litigation. The most predominant issue in dispute was placement in terms of parents seeking more restrictive settings. Although ambiguous, the Supreme Court's language in Board of Education v. Rowley (458 U.S. 176, 1982) concerning deference guided court outcomes. Success rates provide useful insights to parents and school districts as they address the special education question at the end of administrative hearings: to court or not to court.