Five Key Ideas

Facilitation:

• Early dispute resolution; not required by IDEA.
• Impartial facilitator can assist in the IEP meeting.
• Used when both parties cannot agree or there will be difficult /controversial issues presented.
• Either party or the state can request a facilitator
• Early dispute resolution; not required by IDEA
• Facilitates IEP-related information only

Mediation

• Federal law requires schools to provide free mediation for disputes about IEPs or special education.
• This is a free, confidential, and voluntary process where you sit down with the school and a neutral third party to work out a solution.
• Tries to help parents reach a solution with the school that works for everyone. The decisions are legally binding.

Resolution Meeting

• Complaint has been filed against the district. Resolution session within 15 days; 30-day period to try & reach agreement
• May agree to waive this meeting or attempt mediation
• The school district may only bring an attorney to the resolution meeting if the parent chooses to bring an attorney.
• The parent or school district may cancel a resolution agreement within 3 business days of the agreement being signed.

Due Process

• IDEA provides specific time limits on when each stage in due process must happen
• File complaint within 2 years of concern
• Resolution session within 15 calendar days; 30 calendar day period to try & reach agreement
• No agreement = state dept of ed has 45 days for due process hearing & decision. At least 5 days before the hearing, both parties must share what they intend to present in court.
• 90 days from the due process decision to file a lawsuit in state or federal court.

Expedited Hearing Request & Resolution Meeting

• Related to student's discipline concerns/placement.
• The expedited hearing timeline is based on school days, and the resolution meeting period is based on calendar days. Keep in mind holidays and breaks. Timelines cannot be extended.
• Resolution session within 7 calendar days; 15 calendar day period to try & reach agreement. The hearing must be held w/in 20 calendar days.
• The decision must be issued within 10 school days of the hearing