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As Understood; a parent resource website, states - here are 6 options that parents can take when resolving an IEP dispute
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Resolving IEP Disputes

Published on Jun 14, 2021

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PRESENTATION OUTLINE

Resolving IEP Disputes

Options for Resolving
As Understood; a parent resource website, states - here are 6 options that parents can take when resolving an IEP dispute

6 Options

  • Option 1 - Negotiation
  • Option 2 - Mediation
  • Option 3 - Due Process Hearing
  • Option 4 - Lawsuit
  • Option 5 - State Complaint
  • Option 6 - Office of Civil Rights Complaint
No matter the state of the relationship parents may have with school districts, disagreements may arise during IEP meetings. Under IDEA, there are several options that can resolve disputes.

Option 1: NEGOTIATION

Parents can call an IEP meeting at any time to discuss their child's education. Example given: IEP requires an hour of speech therapy each week, however, the school has skipped several weeks - parent can call an IEP meeting to discuss how to fix this problem.

Option 2: MEDIATION

When parents and districts try to reach an agreement but disagreements are still occurring, mediation can be asked. A free, voluntary, and confidential alternative to a formal due process hearing. This is a neutral third party who is not an IEP team member, does not take sides or tells what to do. They are there to help reach a resolution for both parties.

Option 3: DUE PROCESS HEARING

- Is like a courtroom trial for parents and the school district
- Parents and district personnel can call up witnesses, provide evidence, and make legal arguments
- Due Process occurs when there may be a violation of a child's special education rights under IDEA 2004
- Only file Due Process Complaints when disputes are about either "procedural" or "substantiative" issues
- First 30 days that a parent requests Due Process is considered a "resolution period"

Option 4: LAWSUIT

Parents and School Districts; if they do not win the Due Process hearing, have the option of filing a lawsuit in state and federal court within 90 days. Can only file for a lawsuit after undergoing a Due Process hearing.

Option 5: STATE COMPLAINT

In addition to the other options, filing a state complaint about a school's violation of IDEA can be a resolution. Parents would have to file within one year of the violation.
- complaint = a letter to the state department of education asking for an investigation
- state investigates if school district is in violation of IDEA
- different states have their own rules on how these complaints are handled

Option 6: OFFICE OF CIVIL RIGHTS COMPLAINT

Federal Law that protects students with IEPs from discrimination

Section 504 -
the most important complaint to the OCR of the U.S. Department of Education
- filed within 180 days of school violation
- may lead to an investigation