National due process tracker
Special education disputes, by the numbers.
IDEA Part B dispute resolution activity from 2016-17 to 2022-23, from federal Section 618 data.
34,339
due process complaints filed in 2022-23
86%
increase since 2016-17
$10,512
average outside counsel cost per hearing (AASA 2013)
$23,827
average pre-hearing settlement (AASA 2013)
| School year | Due process complaints | Hearings adjudicated | Mediation requests | State complaints |
|---|---|---|---|---|
| 2016-17 | 18,490 | 2,119 | 11,413 | 5,239 |
| 2017-18 | 19,337 | 1,922 | 11,613 | 5,228 |
| 2018-19 | 21,338 | 2,579 | 11,671 | 5,575 |
| 2019-20 | 22,359 | 1,981 | 10,406 | 5,341 |
| 2020-21 | 23,567 | 1,293 | 8,725 | 4,186 |
| 2021-22 | 29,490 | 2,645 | 10,806 | 6,160 |
| 2022-23 | 34,339 | 4,108 | 11,973 | 8,154 |
Source: U.S. Department of Education, IDEA Section 618 State-Level Data Files: Part B Dispute Resolution.
Ten documentation defects that lose hearings.
- 01
Unmeasurable annual goals
No condition, criterion or measurement method, so neither ambition nor progress can be shown (34 CFR § 300.320(a)(2)).
- 02
PLAAFP without baselines
Present levels that describe the child in adjectives instead of data.
- 03
Missing disability impact statement
No explanation of how the disability affects involvement in the general curriculum.
- 04
Late initial evaluations
Evaluation completed past the 60-day or state timeline (§ 300.301(c)).
- 05
Recycled goals
The same goal and criterion repeated year over year despite flat progress.
- 06
No progress reporting
Progress reports not provided on the schedule stated in the IEP (§ 300.320(a)(3)).
- 07
Incomplete Prior Written Notice
Refusals and proposals without all seven § 300.503(b) elements.
- 08
Services not implemented
Minutes or accommodations in the IEP not delivered as written.
- 09
Transition plans without assessment
Postsecondary goals not based on age-appropriate transition assessments (§ 300.320(b)).
- 10
Predetermination
Decisions made before the meeting, limiting meaningful parent participation (§ 300.322).
About this data
Where does this data come from?
U.S. Department of Education, IDEA Section 618 State-Level Data Files: Part B Dispute Resolution. National totals for the 50 states, D.C., BIE schools, Puerto Rico, outlying areas and freely associated states. Written state complaints are written, signed complaints; due process complaints exclude expedited complaints. New York alone filed 22,538 of the 34,339 due process complaints in 2022-23. CADRE (cadreworks.org) publishes national summaries of the same data.
Why did due process complaints rise so sharply?
Filing volume is highly concentrated: New York accounts for the large majority of complaints nationally, so national totals move with New York City filings. Outside New York, trends vary widely by state.
What does a due process dispute cost a district?
In a 2013 AASA national survey, districts reported average outside counsel spending of about $10,500 per hearing and average settlement costs of about $23,800, before staff time and any compensatory education awarded.
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