Impact of the U.S. Special Education Due Process Hearing: Do We Need It in Korea?

This paper examines the implications of the dispute resolution mechanisms under the U.S. Individuals with Disabilities Education Act (IDEA) for special education in South Korea, through an analysis of IDEA’s legal framework and an evaluation of the successes and criticisms of due process hearings. Since 1975, the United States has guaranteed procedural safeguards under IDEA, providing students with disabilities the right to a “Free Appropriate Public Education (FAPE)” in the “Least Restrictive Environment (LRE),” individualized learning plans through an “Individualized Education Program (IEP),” and ensuring parental involvement. The structure of IDEA harmonizes the ideal values of free and non-discriminatory education with the practical approach of implementing specific learning plans through IEPs. It also balances collaboration and conflict by fostering cooperative relationships between parents and schools while offering judicial due process hearings when disputes arise. However, this balance risks being undermined if an overly litigation-focused approach leads to excessive financial burdens and adversarial conflicts, thereby contradicting the cooperative framework and the objective of free education, and potentially resulting in discrimination based on economic capacity. On the other hand, it can be argued that the judicial approach, which produces fact-based precedents, is an indispensable safeguard for protecting the rights of students with disabilities and improving the special education environment. Considering the critique that South Korea’s special education system, while emphasizing collaboration and mediation, remains weak in terms of ensuring legal rights, there are significant lessons to be drawn. This paper suggests arguments for introducing judicial mechanisms similar to IDEA’s due process hearings in South Korea to expand the rights of special education recipients and enhance protections for students with disabilities.