5 Key Points to IEP Conflict Resolution

There can be disputes during the IEP Process. Here are some option to resolve them.

There can be disputes during the IEP Process. Here are some option to resolve them.

1. Facilitation

• A facilitator helps the parent and school understand each other.
• The facilitator is neutral and provides ssuggestions to resolve dipsutes.
• The facilitator will highlight areas of agreement and encourage communication.
• The job of the facilitator is to keep the focus on the best intertestes of the child.

2. Mediation

• Free and voluntary.
• Both parties agree to have a mediator at the meeting.
• The mediator does not make decisions but gives advice and helps parties come to an agreement.
• No lawyers.

3. Due Process

• Formal dispute resolution with violation of IDEA documented.
• Must take place 30 days from filing and paid for by the school.
• ODR sets up meeting with parents, LEA, IEP members, and attorneys.
• If parents a no-show, school can dismiss due process.

4. Lawsuit

• If parents do not win at the due process hearing, they can file a lawsuit within 90 days.
• Lawyers invovled.
• Only an option after due process has taken place.

5. State Complaint

• Must be filed within 1 year of IDEA violation.
• Letter requesting investigation by state department, which can be filed as a group.
• You can file a complaint with Office of Civil Rights with 180 days of violation if there is discrimination involved.

While these options are available, it is always best to try to resolve disputes through facilitation and mediation. You may be working with the same IEP team for years, and working together as a team to find resolution for conflict is the best way to achieve the best for your student.

Understood.org: 6 Options for resolving an IEP Dispute
https://www.understood.org/en/articles/6-options-for-resolving-an-iep-dispu...
CADREworks.org: Quick Guide to Special Education Dispute Resolution Process for Parents of Children and Youth
https://www.cadreworks.org/sites/default/files/resources/Dispute%20Resoluti...
A Guide for California Parents: Special Education Due Process and the Resolution Meeting
https://dredf.org/wp-content/uploads/2012/10/dueprocess.pdf

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