Dispute Resolution

Dispute resolution is important to all parties to best serve the student. Sometimes the outcomes are a process and can have greater implications.

Key IDEAS

• IEP Facilitation
• Resolution Meeting
• Written State Complaint
• Due Process Complaint
• Expedited Hearing Request

iep fACILITATION

• Must be agreed on by both parents and district
• School schedules facilitation meeting with ODR on mutually agreed time by IEP team
• Attendance is the same for IEP members
• Facilitator is not a team member
• There is no cost for an IEP facilitation
• Facilitator does not make decisions for the team

Resolution Meeting

• Takes place after a parent files for due process but before a due process hearing
• Meeting takes place 15 calendar days after LEA receives notice of due process filing
• The purpose of the resolution meeting is for the parent and LEA to discuss why a due process complaint was made
• This will help resolve/discuss concerns

Written state Complaint

• A request to investigate an LEA when IDEA has not been followed
• A decision must be made 60 calendar days after complaint was received
• Complaints should be made within 1 year of known problem

Due Process Hearing

• Process used to resolve a formal complaint made by parent or LEA
• Process complaints must be filed within 2 years of a date when party knew of the problem
• Decision must be issued within 45 calendar days from the end of the resolution period
• Most adversarial dispute resolution process

Expeited Hearing Request

• With an EHR, resolution meeting must occur within 7 calendar days
• The decision must be issued within 10 school days
• A special type of process in certain situations that relate to a student's discipline and placement
• LEA may use this process if believes that a child's behavior could be dangerous to self or others