Dispute Resolution in Special Education
Published on Feb 06, 2023
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PRESENTATION OUTLINE
Dispute Resolution in Special Education
Resolving an IEP dispute
- Negotiation
- IEP Facilitation
- Mediation
- Resolution Meeting
- Written State Complaint for Due Process
NEGOTIATION
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NEGOTIATION
You can call an IEP team meeting at any time to resolve a dispute (Lee, 2023).
IEP FACILITATION
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IEP FACILITATION
Consider having an IEP Facilitator. This option is available to parents and school district staff when they both agree that it would be valuable to have a neutral person present at an IEP meeting to assist them in discussing issues regarding the IEP (Resolution, 2023).
MEDIATION
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If both parties agree to mediation, the Office for Dispute Resolution will arrange for a neutral, specially trained mediator to meet with them at a mutually convenient location. ODR mediators are contractors who are trained in mediation and who have knowledge and experience in special education (Office for Dispute Resolution, 2023).
RESOLUTION MEETING
If you and the school reach an agreement through the resolution session (or a mediation), due process is over. If not, then the next step is a due process hearing where you can present your case. Government statistics show that only about 22 percent of resolution sessions end in a written agreement (Lee, 2020).
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Written State Complaint for Due Process
A due process hearing is like a courtroom trial for you and the school. Due process is complex, and you may want to have a lawyer or advocate represent you. During the hearing, your witnesses, evidence, and legal argument tell a story about why you think you should win. You can appeal a hearing decision within 90 days (Lee, 2020).
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