Five Key Ideas - Dispute Resolution in Special Education

5 Key Ideas to DISPUTE rESOLUTION AN iep

• 1. THE IMPORTANCE OF HAVING A FACILITATOR.
• 2. tHE BENEFITS of a mediator
• 3. iMPORTANT TIME FRAMES
• 4. cOSTS
• 5. rIGHT TO dUE pROCESS

Importance of a Facilitator

• Assist in creating a peaceful atmosphere
• keeps the focus on the student
• encourages effective and open communication and does not take sides
• helps build trust
• encourages conversation and suggestions. Makes sure everyone is apart of the process
• can make the agenda. keeps everyone on topic

Benifts of having a mediator

• Provides a chance for the parent and school district to work together to resolve issues prior to a due process hearing.
• Can help resolve disagreements more quickly than other options.
• Discussions are confidential – what is said in mediation can’t be used as evidence in a due process hearing or civil lawsuit.

Important Time Frames

• Iep Facilitation: Meetings may be scheduled within a few days or weeks of a request being received
• Mediation: Available at any time, even if a due process complaint/hearing request or written state complaint has already been filed.
• Resolution Meeting: If the requirement is not waived, or mediation is not used, a resolution meeting must take place within 15 calendar days of the filing of a due process complaint/ hearing request.
• The parties have up to 30 calendar days to work on a resolution prior to the hearing timeline. The hearing officer or administrative law judge may extend this period at the request of the parties.

Cost of a mediator or facilator

• No cost to the parent – the mediator, meeting and facilities are provided at public expense.

Right to due process

• Procedural Safeguards reviewing paretns rights
• A formal record of the hearing must be made and provided to the parent.
• A process used to resolve a formal complaint made by a parent or school who are together referred to as “the parties.”