dispute resolution in special edcuation

Main Point #1
Dispute Resolution:
Assists parents and the respective school districts with resolving the differences in opinion, as far as, placement and services for the students with disabilities isabilities.

Main Point #2
There are three methods for Dispute Resolution.
They are...

3 Methods for Dispute resoluiton

• IEP Facilitation
• Mediation
• Resolution Meeting

Main Point #3
IEP Facilitation:
Used when both parties agree that the IEP meeting would benefit from the presence of a neutral third party to help facilitate communication and the successful drafting of the student’s IEP.

roles of IEP FACILTATOR

• Create atmosphere for fair communication and successful drafting of the IEP
• Resolve conflicts between two parties
• Makes sure the focus of the meeting is on the student and the student's needs.
• Is NOT a member of IEP team and does NOT make decisions for the student's IEP

Main Point #4
Mediation:
A free, voluntary, and confidential alternative to a formal due process hearing. It can take place at any time before or during the due process cycle.

facts about mediation

• Both parties need to have written agreement that they would like Mediation as their Dispute Resolution
• Once the request have been approved by the Office for Dispute Resolution (ODR), then a Mediator will be assigned to the case.

ROLE OF MEDIATOR

• Assists both parties into reaching an agreement
• Is NOT a member of the IEP team and does NOT make decisions for the student's IEP

Main Point #5
Resolution Meeting:
Are mandated by IDEA for due process requests initiated by parents.

Facts about resolution meetings:

• Must occur within the 30 days after the parents requested due process.
• Meetings Purpose = Provide the parents and respective school the opportunity to discuss and resolve the due process complaint to avoid due process hearing

Who attends the resolution meetings

• Parents
• Parents advocates and/or attorney (if parents invite an attorney, then the school may invite an attorney)
• LEA Representative
• Other individuals that the parents and LEA Representative believe have valuable information regarding the case

Reaching an Agreement

• If parents and LEA Representative reach an agreement it will be written and signed by both parties.
• If either parties change their mind, then they have three days to withdraw their written agreement, and said party should inform the other party of their withdrawn agreement.