Dispute Resolution in Special Education, IEP Facilitation, Mediation, and Resolution

Five Ideas of Dispute Resolution in SPED

• Negotiation
• Mediation
• Due Process Hearing
• Lawsuit
• State Complaint

Identifying Each Idea

• Negotiation-This brings together you, your child’s general and special education teachers, and the school to discuss your child’s education. This is usually used when a parent and school district are unable to agree on important issues related to a child’s IEP, or when a meeting is expected to address complex issues or be controversial.

Identifying Each Idea

• Mediation- A voluntary process that brings people together with a mediator, who helps them communicate with each other and resolve their disagreements. Available anytime there is a disagreement between parents and educators about special education and/or related services.

Identifying Each Idea

• Due process hearing- A process used to resolve a formal complaint made by a parent or public agency (e.g., school district), who are together referred to as “the parties.” Used to resolve disagreements relating to the identification, evaluation, educational placement or provision of a free, appropriate public education (FAPE) to a child who needs or is suspected of needing special education and related services.

Identifying Each Idea

• Lawsuit- If you don’t win the due process hearing, you have the option of filing a lawsuit in state or federal court within 90 days. (The school can also file a lawsuit.) This is a very serious legal option and requires a lawyer. You can only file a civil lawsuit after you’ve gone through due process.

Identifying Each Idea

• State Complaint- Has to be filed within one year of the violation. The complaint is a letter to the state department of education asking for an investigation. Once a complaint is filed, the state may investigate and decide if the school violated IDEA. States have their own rules on how these complaints are handled.