Abstract
The purpose of this study was to identify the predominant issues and the disposition of those issues associated with the Fair Hearing process in the State of California. The Fair Hearings are administrative recourses afforded parents or public school districts who have issues regarding programs, services or reimbursements provided by the public school system. The predominant issues which emerged during this study were request for private day and residential school placement, request for related services and reimbursement of services rendered but not authorized. A descriptive, ex post facto design was selected for this study. Complaint issues and awards were identified by the published Fair Hearing proceedings which provided the legal documentation of the complaints and resolutions between parents and public school districts. Request for private school placement constituted sixty-seven of a total 160 issues. The categories of handicapping conditions most often represented in the issues were severely emotionally disturbed and learning disability. Students categorized as severely emotionally disturbed were represented in 42.5 percent of the issues; students categorized as learning disability in 28.5 percent of the issues. Students in the category of severely emotionally disturbed received a significantly greater number of favorable awards as compared to all other categories. Parents initiated 93 of the Fair Hearings; the public school districts twelve Fair Hearings. Over 50 percent of the awards were unfavorable to the claimant, leaving over half of the issues unsolved to the claimant in the arena of the Fair Hearing. Students in the category of severely emotionally disturbed are represented most frequently in the issues in Fair Hearings. The primary issue stated by parents is a request for private school placement. Other requests frequently sought are related services and reimbursement for previously incurred expenses. More favorable awards were given to students in the category of severely emotionally disturbed as compared to all other categories. It is recommended that parents familiarize themselves with all aspects of educational procedures and due process and that school officials provide clear and adequate information. It is recommended that the categories of severely emotionally disturbed and learning disability be reviewed for more appropriate placement and services. (Abstract shortened with permission of author.).