Types of Disputes Resolutions Forums.

State Complaint

This is a written complaint that can be filed by a parent or organization with the state DOE that addresses the procedural violations that may have been committed by the school. Procedural violations include a school failing to respond to requests for IEEs, written notice, failure to implement the IEP as written, and failure to either follow the state special education laws or the requirements of Part B of IDEA. Part B of IDEA is the section of the federal law that contains the procedural requirements regarding the delivery of special education services. In general, state complaints must be filed within one year. 

The state complaint process is a matter of procedural enforcement and is a procedural safeguard in IDEA. The requirements for state complaint procedures are found in the regulations at 34 CFR §§300.151-300.153. Every state has this process in place and is required to have a written procedure to resolve a complaint. Any organization or individual, including one from another state, may file a signed written state complaint that meets the requirements in 34 CFR §300.153. 34 CFR §300.151(a). 

Mediation

Mediation is a confidential, voluntary process that can be used before or after a due process complaint has been filed. Mediation is a process in which both sides will, with a neutral person, work to come to an agreement on a child’s eligibility, services, or placement. If the parents and the school reach an agreement in the mediation, it then becomes a full and legally binding agreement. 

For many parents and advocates, mediation is less intimidating than a due process hearing, and it is more informal. Many parents want desperately to work things out with the school without a lot of cost or stress. By the time most parents are debating a mediation, they are also feeling stressed, angry, and in desperate need of a spa day with a large glass of something appetizing at the end. This is where an advocate or attorney can be helpful. The fact of the matter is that rarely in life is anything perfect, but what you need to focus on is what is livable and meeting your child’s needs. Whether this is achievable in a mediation varies from school district to school district. 

Facilitated IEP Meetings 

This is simply an IEP meeting that includes a neutral facilitator guiding the family and the school through the IEP process.  A facilitated IEP meeting is one in which an independent facilitator from a state agency or parent information agency is used to guide the IEP meeting. A facilitator’s goal is to keep the IEP team focused on creating an IEP that considers the participation and input of all parties. The idea behind this dispute resolution technique is to eliminate some of the potential personality conflicts between parties in difficult situations and keep the team focused on completing an IEP that meets the child’s needs.

A Due Process Hearing Request

A written administrative complaint filed by a parent, parent’s attorney on behalf of the parent, or by a school district with the state DOE. It can involve both procedural and substantive issues that relate a child’s identification for special education, evaluations, placement, LRE, related services, implementation of the IEP, and other educational issues that relate to the provision of FAPE. Under federal law they can be filed within two years, but it is important to be aware that states can set different time limits. For instance, Texas requires that the administrative action must be filed within one year of the complaint. A due process complaint is filed to initiate a due process hearing.