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

#1 Resolving an IEP dispute

• Negotiation
• Mediation
• Due process hearing
• Lawsuit
• State Compliant
• Office for Civil Rights complaint

#1 Resolving aN IEP dispute cont.

• If you believe the school has violated the law, file a complaint with the state or federal government.
• Sometimes, you can resolve a dispute by negotiation at an IEP meeting.
• Mediation can help. It is a free, confidential, and voluntary process where you sit down with the school and a neutral third party to work out a solution.

#2 IEP Facilitator

• A third party individual who helps create a fair atmosphere in the meeting.
• Helps develop the IEP.
• Helps the IEP team keep the focus on the student's needs.
• Helps resolve conflicts that arise during the meeting.
• Models effective listening while remaining impartial.

#3 Resolution meetings

• This is a meeting in which the parents discuss their complaints with the school.
• The meeting takes place after a parent has filed a due process complaint, but takes place before a due process hearing.
• This also gives the school an opportunity to resolves the complaint.
• In California, the law states that school must organize the meeting within 15 days of the parents filing a due process complaint.
• However, the meet does not need to take place if the parents and school reach an agreement.

# 4 Due process hearing

• A formal, legal procedure that resolves differences about special education services.
• The goal of the hearing is for your student to receive a free and appropriate public education (FAPE) tailored to your student’s needs.
• Both the parent AND school have the right to request a due process hearing.

#5 Parent-school conflict

• Parents often believe the school does not see the child's unique talents and abilities.
• Parents may believe the school only focuses on the child's weaknesses.
• Both the school and parents may lack communication and problem-solving strategies.
• Failure to include parents in the students program planning can result in conflict.
• Schools believe conflicts can happen when parents do not communicate or are not honest.