Chapter 11: Dispute Resolution Options
Understanding Your Options for Settling Disputes
Who is this for? This chapter is for parents who either disagree with the school district's assessment or educational program for their child or who believe that the school district has violated any of the requirements of IDEA.
Why is this important? Ideally, parents and educators will be able to work as partners in all aspects of serving students with disabilities. Good communication between parents and schools will minimize disputes and disagreements. However, when disagreements arise, IDEA provides several avenues for handling such disputes. Parents should be familiar with the options available for settling disputes and for reporting lack of compliance.
What can parents do? IDEA 2004 has expanded the options available to assist parents and school districts when disagreements arise. These changes are aimed at providing opportunities for dispute resolution -- which are less formal, generally less costly, less time consuming and less stressful than more formal options. As in the past, IDEA 2004 also maintains the complaint procedures for reporting violations to your state education department. Parents should be aware of all of these options and should know how to make the best use of them.
Words and Terms to Know
Mediation: A confidential, voluntary process that allows parties to resolve disputes without a formal due process hearing. An impartial mediator helps the parties to express their views and positions and to understand the other's views and positions. The mediator's role is to facilitate discussion and help parties reach an agreement -- not to recommend solutions or take positions or sides.
Due Process Hearing: A formal, quasi-legal procedure before an impartial hearing officer or administrative law judge (or panel of judges) who is not an employee of the state education agency or school district. Both the parents and the school district present arguments and evidence.
Due Process Complaint: A written complaint filed by a parent or a school district involving any matter relating to the identification, evaluation, educational placement or provision of a free appropriate public education to a student with a disability. Due process complaints must be filed within two years of the matter in dispute.
Resolution Session: A mandatory meeting that the school district must convene within 15 days of receiving the parents' due process complaint. The resolution session includes parents, members of the IEP team relevant to the complaint, and a representative of the school district who has decision-making authority.
State Complaint: A written complaint that can be filed by any organization or individual claiming that a school district within the state has either violated a requirement of Part B of IDEA (the part that contains all requirements regarding the delivery of special education services) or the state's special education law or regulations. State complaints must be filed within one year of the alleged violation.
Note: The IDEA Parent Guide was created to provide a basic understanding of the key requirements of the federal law under IDEA. The information presented here is not legal advice and should not be used as a legal resource.
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