Due Process Case Issues for Students With Emotional Disturbance

Due process hearings provide a formal resolution for disagreements that may arise within special education. The purpose of this study was to examine the types of issues that arise in due process cases for students with emotional disturbance (ED). The current study examined select due process hearings during 2014 to 2019 from four states for students with ED as the primary condition. The most frequently occurring issue for students with ED was programing related to the individualized educational program (68.3%). Collectively, both evaluations and disability identification were present in 65.8% of cases. Districts prevailed in approximately 43% of cases, with parents prevailing in approximately 36% of cases; 21 % of hearing decisions were split. Limitations, future research directions, and implications are discussed.