A recent analysis by the Center for Appropriate Dispute Resolution in Special Education (CADRE) shows that while written state complaints and due process complaints increased during the 2023–24 school year, so too did mediation agreement rates.
The federal technical assistance center found that the number of special education written state complaints, which involve a state-led investigation into a special education-related concern brought forward by anyone, spiked 22 percent over the prior year.
Overall, there were 9,927 written state complaints filed in 2023–24 — a 79 percent jump over the previous 10-year average of 5,537. Although 81 percent of state complaints were resolved within the 60-day timeline, the previous 10-year average was 92 percent, according to CADRE. Close to 40 percent of all written state complaints nationally in 20233–24 came from three states — California, Massachusetts and Texas. (State dashboards are available here.)
The Individuals with Disabilities Education Act (IDEA) requires states that receive IDEA grants to make available four dispute resolution processes and report annually on each to the U.S. Department of Education’s Office of Special Education Programs. The four dispute resolution processes include written state complaints, mediation, due process complaints and resolution meetings associated with due process.
Due process complaints — which rose 5 percent between 2022–23 and 2023–24 — are requests by parents or families that their case be heard by an administrative hearing officer.
CADRE, like many special education dispute resolution experts, promotes preventative and early dispute resolution approaches, such as establishing partnerships between local educational agencies and families of students with disabilities and mediation.
Mediation can occur anytime there is a disagreement between a family and LEA over special education services. According to CADRE, rates of agreements that arose from mediation between LEAs and families remained consistently high in 2023–24.
