ABSTRACT

Special education services for students with disabilities have expanded and improved significantly over the past twenty-five years. Since Individuals with Disabilities Education Act (IDEA) was passed in 1975, the number of students served has doubled, the percentage of time students are educated in general education classroom with their peers has increased, and the rights of parents and students have been validated. IDEA require that states and local education agencies establish and maintain procedures to protect the rights of students and their parents. Unlike IDEA, Section 504 and Americans with Disabilities Act (ADA) regulations do not contain extensive, specific requirements for complaint resolution, including due process hearings. The only requirement related to complain resolution is that schools must provide an opportunity for a hearing and the hearing must be reasonable, which is determined by the Office for Civil Rights (OCR). More typically, conflicts are resolved through hearings, OCR complaints, or federal court actions.