Exploring the Use of Witness Testimony in Special Education Due Process Hearings

• In Event: AERA Roundtable Session 6
  In Roundtable Session: Beyond the Letter of the Law: Social Science Analyses of Special Education Laws and Regulations

Abstract

IDEA protects the rights of parents of children with disabilities to utilize the due process system to settle disagreements with school districts regarding their children’s Individual Education Program (IEP). In the event that these disputes move before the court it is common for each side to enlist experts to provide testimony to support one of the parties involved. The presenters examined the use of witness testimony in due process hearings in five large states throughout the United States. In states where witnesses were common, school districts utilized many more witnesses than families, resulting more often in rulings in the favor of districts. The presenters will discuss these potentially inequitable hearing results in the context of a social justice framework.

Authors

• Samantha Riggleman, Saint Joseph's University

• Mary Erin Sheppard, St. Joseph's University

• William Blackwell, Sam Houston State University