Dispute Resoultion in Special Education

IEP Facilitation

• Volunttary process that can be initiated when a neutral third party needs to facilitate communication during an IEP meeting
• Faciliataion is free for all students with disabilities
• If discussing a GIEP or the student is gifted, the school will cover the costs of the faciiator
• If faciliation of the IEP is unsuccesful both parties may persue other options such as mediation and/ or due process

Mediation

• Mediation is a no cost service provided for all IDEA related cases
• Office of Dispute Resolution will provide a neutral mediator for the IEP
• There are two types of mediation that are available to parents and schools that the Office of Dispute Resolution provides, Faciliatative and Evaluative Mediation.

Faciliatative VS Evaluative

• A Facilitative mediator does not decide the outcome, they guide parties to common ground while finding areas of agreement without giving Evaluative feedback
• An Evaluative mediator is a special education expert that helps parties examine all potential outcomes. They ask directive questions and offer feedback based on possible outcome.
• Neither type of mediator will decide the outcome. That is up to the IEP team.

Resolution Meeting

• Mandated by IDEA for any due process request initiated by parents/ guardians
• Gives parties another opportunity to avoid costly and stressful due process hearings
• Resolution meetings should be held within 15 to 30 days of the initial request for due process.
• If both parties agree, by law they may seek other forms of mediation
• If the parent does not particpate the school may ask for a dissmisal of the due process complaint.
• Parties may change their agreement to the resolution meeting within three buisness days of the meeting agreement

Preparing for a Resolution Meeting

• Set a time and date that is appropriate for parents and all other IEP members with kniowledge of the due process complaint
• Create a comfortable envrionment, have water and tissue available
• Be prepared- Make yourself familair with the students IEP and the due process complaint
• Always make sure to put the student first.