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Dispute Resolution in Special Education

Published on Jun 21, 2021

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PRESENTATION OUTLINE

Dispute Resolution in Special Education

Crystal Morales

Parents and school officials may disagree on what special education services a student should receive and/or the instructional setting placement that best serves the student's needs.


IDEA provides several dispute resolution mechanisms to assist parents and school districts with resolving the differences in opinions.

Different Approaches to Dispute Resolution

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

Different Approaches to Dispute Resolution

  • IEP Facilitation: A voluntary process that can be used when all parties to an IEP meeting agree that the presence of a neutral third party would help facilitate communication and the successful drafting of the student’s IEP.
  • Mediation: A free, voluntary, and confidential alternative to a formal due process hearing. Mediation can take place at any time before or during the due process cycle. Mediation is not a required process and may not delay or deny a parent/guardian the right to a due process hearing. Mediation is provided at no cost for IDEA-related cases.

Different Approaches to Dispute Resolution

  • Resolution Meetings: The purpose of the resolution meeting is for the parents to discuss the due process complaint and supporting facts so that the school district personnel have the op­portunity to resolve the dispute.
  • A resolution meeting gives the par­ents and the school a chance to work together to avoid a due process hearing.
  • A resolution meeting gives the par­ents and the school a chance to work together to avoid a due process hearing.