The Effect of Student and District Characteristics on Reimbursements in Special Education Due Process Hearings

• In Event: Rights-Based Approaches to Education

Abstract

This research examined the effect of student and district characteristics on the likelihood of student/parents receiving reimbursement in special education due process hearings in California, in rulings where each party partially won. Using a database we compiled (2005-2019), the study analyzed the likelihood of reimbursement orders with the following educational dis/advantage proxy variables: Student being the plaintiff, counsel representation, use of a translator; the dispute concerning private school placement; and district’s free/reduced-priced meal rate. Regression models indicate that a translator and district’s free/reduced meal rates were negatively associated with reimbursement orders. We discuss rights-based legislation and its private enforcement more broadly. While the decisions remedy individual grievances, they raise equity concerns for those who do not bring forward a claim.

Authors

• Tiina Itkonen, California State University - Channel Islands

• Bryan Tomlin, California State University - Channel Islands

• Tracie Schneider, California State University - Channel Islands

• Manuel Correia, California State University - Channel Islands

• Karmyn Luong, California State University - Channel Islands

• Taylor Grindey, California State University Channel Islands

• Luis Sanchez, California State University - Channel Islands