IEP Facilitation, Mediation, and Resolution

1. Resolving Disputes

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

2. IEP Facilitation

• Occurs when team members agree that a neutral 3rd party member can help facilitate communication and creation of an IEP. The 3rd party member is a facilitator and can set ground rules to help run a positive and productive meeting, help resolve conflicts during the meeting regarding the IEP, and keep team focused on developing an appropriate IEP. Both district and parents must agree on IEP facilitation.

3. Mediation

• Free, Confidential, & Voluntary
• Parents, school districts or service agencies that provide special education can request mediation to resolve conflict. They often require 1 session and are paid for by The Office for Dispute Resolution. Resolutions created during mediations are from collaborative problem solving and are guided by the mediator, but are ultimately decided on by the IEP team.

4. Resolution Meeting

• Mandatory meeting that occurs at the beginning of due process. It's one last attempt to work out disputes before a due process hearing. Both parties can agree to mediation or not to hold the resolution meeting for it to be excused. This meeting is an opportunity for negotiation from both parties. This meeting is also not confidential and information in this meeting can be used in the due process hearing, unless there is a confidentiality agreement. If there is no agreement during this meeting, The team moves forward with a due process hearing.

5. Due process hearing

• Formal process to resolve conflict under IDEA. The stages are pre-hearing disclosure, introduction by hearing officer, parent's opening statement, school's opening statement, parent presents case, school district presents case, parent's closing statement, school's closing statement, adjournment, and post-hearing decision. The parents or the school district can appeal the decision within 90 days of when the decision is issued.