Resolving Disputes Between Parents and Schools

September 2012This info in Spanish | Esta información en españolIn drafting the provisions of IDEA, our nation's special education law, Congress clearly contemplated that, at times, there would be disagreements between parents of children with disabilities and the school districts providing special education and related services to their children.While it is expected that parents and school personnel will work in partnership to ensure children with … [Read more...]

Five Options, 1-2-3

September 2012 This information in Spanish | Esta información en español There are times when parents and schools simply do not agree on some issue affecting a child's education. They may try informal approaches to resolving the conflict, such as reviewing and revising the child's IEP or holding a facilitated IEP meeting (an approach emerging in the field). When these don't result in agreement on what represents an appropriate education for … [Read more...]

Informal Approaches to Resolving Disputes

September 2012In all cases where the family and school disagree, it is important for both sides to first discuss their concerns and try to compromise. There are several, relatively informal ways in which parents and school staff might attempt to work out disagreements regarding a child’s special education program. Two of these are to:Review the child’s IEPHold a facilitated IEP meetingThis resource page will tell you a bit more about each of these … [Read more...]

Filing a State Complaint

September 2012This information in Spanish | Esta información en españolState complaints are an important procedural safeguard in IDEA, because they give individuals and organizations a mechanism through which they can address special education conflicts and resolve disputes. The complaint resolution process tends to be less intimidating than a due process hearing and is an alternative to it.Interestingly, the IDEA statute does not include State … [Read more...]

State Complaint, in Detail

September 2012 A state complaint is very much what it sounds like-–a letter you’d write to an official state agency to report an issue, conflict, or problem. Any organization of individual may file a state complaint (including those from another state). This makes state complaint an important mechanism for resolving disagreements between schools and others (such as parents or organizations). There are other mechanisms for resolving disputes, … [Read more...]

Mediation

September 2012 This information in Spanish | Esta información en español IDEA requires public agencies (school systems) to have procedures to make mediation available to parents and public agencies to resolve a dispute involving any matter arising under Part B, including matters arising prior to the filing of a due process complaint. Mediation is entirely voluntary. While each mediation situation is unique, generally both parties to the … [Read more...]

Mediation, in Detail

September 2012You can tell just by the title of this article that you are now entering a detailed discussion of the mediation process under IDEA.What is mediation?Benefits of mediationStats on use of mediationWhen is mediation an option?When is mediation not available?SEA’s obligations for mediation processWhat happens at mediationConfidentiality of info shared during mediationEnforcing the mediation agreementTo read IDEA’s exact words, visit IDEA’s Regulations … [Read more...]

IDEA’s Regulations on Mediation

  IDEA's final Part B regulations addressing the mediation are found at §300.506. Word for word, and in their entirety, the regulations read: §300.506 Mediation. (a) General. Each public agency must ensure that procedures are established and implemented to allow parties to disputes involving any matter under this part, including matters arising prior to the filing of a due process complaint, to resolve disputes through a mediation process. (b) … [Read more...]

The Due Process Complaint

September 2012This info in Spanish | Esta información en españolA due process complaint is pretty much what it sounds like: a letter/complaint filed by an individual or organization on matters of conflict related to the identification, evaluation, or educational placement of a child, or the provision of a free appropriate public education (FAPE) to the child.IDEA requires school systems (called public agencies) to have procedures in place that … [Read more...]

Due Process Complaints, in Detail

September 2012Due process is a longstanding approach within IDEA to resolving disputes. This article will take you through through the key points and content of IDEA’s provisions regarding due process complaints.Changes in due process in IDEA 2004What is a due process complaint?Who may file a due process complaint?What information must the complaint contain?Deciding sufficiency of the complaintWhen may the due process complaint not be used?What … [Read more...]

NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY) is no longer in operation. Our funding from the U.S. Department of Education’s Office of Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free resources will remain available until September 30, 2014.