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Dispute Resolution-Knowing Your Options

Published on Nov 23, 2023

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PRESENTATION OUTLINE

Dispute Resolution-Knowing Your Options

  • IEP Facilitation
  • Why Mediation
  • Resolution Meeting
  • Due Process
  • Filing a Complaint
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IEP Facilitation

  • Valuable to have a neutral person to assist in the IEP to help communication
  • The facilitator helps keeps the focus on the student and helps stay on task
  • The facilitator keeps the lines of communication open as they move forward to create the IEP and makes sure they are on the same page
  • The facilitator does not make decisions for the group but can help to build trust between the IEP members and hopefully resolve conflicts
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Why Mediation?

  • Disagreements are occurring between the parents/guardian and the school
  • Mediation is an option with a toolbox of tools available for dispute resolution
  • Mediators or neutral 3rd parties hoping to get to common ground without having to go to due process or losing your right to due process
  • Mediation process starts with an introduction and opening remarks, followed by joint dialogue, and ending with an agreement writing/signed agreement
  • Focus on present concerns and treat each other with respect in the process
  • Moves a conflict from being stuck to a common ground
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Resolution Meeting

  • Mandated by IDEA for due process requests
  • Parents will be given a chance to talk about the complaint so the school has a chance to fix the issue before due process occurs
  • A resolution meeting seems like a last chance to resolve any issues where there is 30 days that a resolution meeting must be held after a parent request due process
  • Suggestions to help lead to a successful meeting would be writing down questions and organize important documents and notes and be willing to listen as well as speak about concerns

Due Process

  • A serious legal process to resolve disputes with a school about your child's education
  • Sometimes you need another way if you can't agree because due process will end with a decision
  • Due process is like a court room trial where there is evidence, witnesses, and a judge
  • The hearing officer is the person who will make the decision about the case
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Filing a Complaint

  • If you don't win the due process hearing you can file a lawsuit
  • If you want the state to investigate you can file a state complaint about a school's violation of IDEA
  • The most important is a complaint to the Office for Civil Rights if you feel your child has been discriminated
  • Know your options and rights to advocate for child