So–we’ve arrived at the due process hearing, a longstanding option within IDEA for resolving disputes between parents and school systems. The two parties may have reached this point after unsuccessfully trying another of IDEA’s options for dispute resolution, or they may have waived those options and gone straight to the due process hearing. … Read the rest

This information in Spanish | Esta información en español We are pleased to offer you the overview below on the due process hearing as a dispute resolution option, which will include the following:

• Short summary
• Each party’s rights in the hearing
• Role of the hearing officer
• Timelines
• Can the hearing officer’s decision be appealed?

 … Read the rest

This information in Spanish | Esta información en español IDEA now requires that school systems convene a resolution meeting within 15 days of receiving notice that a parent has filed a due process complaint and before the school system initiates the due process hearing hearing. The resolution process became part of IDEA in its most recent amendments (2004). … Read the rest

This info in Spanish | Esta información en español A due process complaint is pretty much what it sounds like: a letter/complaint filed by an individual or organization on matters of conflict related to the identification, evaluation, or educational placement of a child, or the provision of a free appropriate public education (FAPE) to the child. … Read the rest

This information in Spanish | Esta información en español IDEA requires school systems to have procedures to make mediation available to parents and public agencies to resolve a dispute involving any matter arising under Part B, including matters arising prior to the filing of a due process complaint. Mediation is entirely voluntary. … Read the rest

This information in Spanish | Esta información en español State complaints are an important procedural safeguard in IDEA, because they give individuals and organizations a mechanism through which they can address special education conflicts and resolve disputes. The complaint resolution process tends to be less intimidating than a due process hearing and is an alternative to it. … Read the rest

In all cases where the family and school disagree, it is important for both sides to first discuss their concerns and try to compromise. There are several, relatively informal ways in which parents and school staff might attempt to work out disagreements regarding a child’s special education program. Two of these are to:

• Review the child’s IEP
• Hold a facilitated IEP meeting

This resource page will tell you a bit more about each of these approaches. … Read the rest

This info in Spanish | Esta información en español In drafting the provisions of IDEA, our nation’s special education law, Congress clearly contemplated that, at times, there would be disagreements between parents of children with disabilities and the school districts providing special education and related services to their children. While it is expected that parents and school personnel will work in partnership to ensure children with disabilities are provided appropriate services, there are times when the child’s parents and school officials cannot reach consensus on what constitutes a free appropriate public education (FAPE) for an individual child.  … Read the rest