Dispute Resolution

Forms of Dispute Resolution

• IEP Facilitation
• Mediation
• Resolution Meeting
• Written State Complaint
• Due Process Complaint/Hearing Request
• Expedited Hearing Request

IEP Facilitation is the most ideal dispute resolution process.

Why?

• It is less formal
• It supports full participation.
• It is less costly.
• It can help preserve the relationship between the parents and the school

The student benefits while in Due Process Procedure.

How?

• Student is allowed to stay in his/her current placement.
• The most recent IEP that was agreed upon stays in effect while the procedure takes place.

For the parents, Mediation and Resolution Meeting are preferable over going to court.

Why?

• There is no cost to the parent.
• The decision is faster than going to court if in Mediation.
• The decision is kept with the parents and those that work with the child.
• This can help preserve or even improve the relationship between the parent and the school employees.

The parent(s) of the child need to do significant preparation ahead of time.

How?

• Place all records and IEPs in a binder.
• The parent needs to figure out who they want to be present in the meeting.
• The parent needs to meet with an advocate to understand the process and to get help setting up the ground rules.
• The parent needs to make him/herself available all day for the procedures.

A Due Process Complaint/Hearing Request should be avoided.

Why?

• It is costly.
• It is harmful to the relationship between the parents and the school site.
• The decision is legally binding so even if the parties disagree with the decision, it will stand.
• It can take up to 45 days for this process.