Dispute Resolution in Special Education

IEP Facilitation

Key Ideas

• Impartial facilitator the IEP team with communication and problem solving
• Used when the parents and the school district are unable to come to an agreement
• Parent or school may request a facilitator

Benefits

• Can help resolve disagreements more quickly than other options
• Members of the IEP team will feel like they're heard
• May support building and improving relationships of IEP team member

impact

Mediation

Key Ideas

• A voluntary process who brings the team together to help communicate and resolve disagreement
• Used when there is a disagreement between parents and the educators about special education/related service
• A parent of a school may request a mediator

Benefits

• Discussions are confidential. What is said in mediation can’t be used as evidence in a due process or lawsuit
• A more flexible, less adversarial way to discuss a dispute
• Participants often work with the mediator to develop the process

Impact

Resolution

Key Ideas

• Occures when a arent files a due process complaint/hearing request but before a due process hearing takes place
• The meeting must occur unless the parentschool district agree in writing not to have the meeting, or to use the mediation process instead.
• The school district must hold a resolution meeting within 15 calendar days of receiving notice

Benefits

• Provides a chance for the parent/school district to work together to resolve issues prior to a due process hearing
• Keeps decision-making with the parent and school district who know the child.

Impact

Due Process

Key Ideas

• Formal complaint made by the parents or public agency (school district)
• Used to resolve disagreements relating to the identification, evaluation, educational placement or provision of FAPE for a child who needs or is suspected of needing special education or related service
• Parent or School District can file for due process

Benefits

• The decision is legally binding on the parties.
• The state educational agency is responsible for ensuring the decision is followed, unless it is appealed

Impact

What I learned!

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There are many options before due process

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Opens up communication in order for all IEP team members to be heard

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Parents or the school can request a facilitator or a mediator

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Facilitator, mediation, or resolution is at no cost to the parent

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Ultimate goal is to resolve issues before having to go to due process

Source

• Cadreworks.org - Dispute Resolution Comparison Chart