Evaluating the Fairness of Special Education Hearings

Abstract

The U.S. Congress mandated due process hearings in special education disputes to ensure parental involvement in educational decision making and to promote individual justice. The present study explored two kinds of justice, defined as objective and subjective fairness, and examined parent and school officials' subjective experience of the fairness of their hearings. Findings indicate that hearings are not achieving subjective fairness. Neither school officials nor parents felt positively about the experience. Supplements to hearings, such as mediation and negotiation, should be studied to see if they are more effective vehicles for achieving congressional intent and for avoiding costly and emotionally draining hearings.