Dispute Resolution in Special Education

IEP Facilitation

Early Resolution Process

• Parents or schools can request facilitation when IEP team is at an impasse
• Free and voluntary process
• Involves aneutral third party with the goal of drafting a IEP that both parties agree on
• Facilitator writes the agenda and leads the meeting but the IEP team makes de

Mediation

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• Free, voluntary and confidential alternative to due process
• Neutral third party reaches a solution that both sides are comfortable with
• Decisions are legally bindin
• If parents bring a lawyer the school district may do so as well

Due Process Hearing

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• Formal dispute resolution under IDEA
• Resolution meeting required within 30 days to resolve the diand avoid due process
• Complaint must be filed stating the violation of IDEA
• Consult a lawyer or advocate before filing a

Lawsuit

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• File within 90 days if you do not win due process he
• Schools may also fil

Complaints

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• State level complaint asking for inve
• Include school’sviolation of IDEA
• Within 1 yea
• Groups may file togethe
• Office of civil rights complaint omust be filed within 180 days
• Sec. 504 offers more o