National Trends in the Frequency and Outcomes of Hearing and Review Officer Decisions Under the IDEA: An Empirical Analysis

The outcome of a due process hearing between parents and a school district concerning a child's special education program rarely draws the attention of anyone beyond the parties to that dispute. The resulting decision of the hearing officer similarly impacts only the parties to the dispute, without extending to other parents and school districts seeking an adjudication to resolve their disagreements. When viewed collectively, however, both the frequency and outcomes of hearing officer decisions comprise a body of administrative law and offer a unique perspective on the legal obligations of schools in providing special education services. The Individuals with Disabilities Education Act (IDEA)1 established an array of special substantive and procedural rights for children with disabilities and their parents. The central substantive right is the entitlement to a free and appropriate public education (FAPE).2 The corresponding core procedural safeguard is a specialized dispute resolution system centered on the right to a due process hearing.3 States may elect to have a oneor two-