If your child has an IEP, or if you are going through the evaluation process, you and the school may not always agree on what your child needs. It can be scary and uncomfortable when this happens but there are formal and informal ways to resolve disagreements and ensure the best outcome for your child.
As an important member of the IEP team, your ideas, perspectives, and opinions matter!
You have the right to disagree with many aspects of the evaluation process, and the development and implementation of the IEP. For example, you might disagree with:
- Decisions about whether your child qualifies for special education
- The results of your child’s evaluation
- The IEP goals, services, or accommodations your child needs to be successful
- The amount of progress your child is making
- The school’s response to your child’s behavior
What is conflict resolution in special education?
Conflict resolution, also known as Dispute Resolution, is a formal process you can go through if you disagree with the school.
These are the Dispute Resolution options:
- Meet with the school again to discuss the disagreement
- Ask for a Facilitated IEP
- Ask for Mediation
- File a Complaint
- File for a Due Process Hearing
1. Meet with the school again
Start with the IEP team if you have one already. If not, contact the school principal, director of Special Education, or superintendent. Ask for a meeting to talk about your child’s needs and why you disagree with the school’s decisions.
Before the meeting:
- Communicate with the school ahead of time about your concerns so they can prepare
- Ask them to send you any documents ahead of time (the evaluation report, progress notes, etc.)
- Review draft documents and prepare questions ahead of time
- Consider consulting with an education advocate to answer any questions you might have.
During the meeting:
- Try to be open-minded and understand the school team’s opinions. But of course, push back if you need to!
- Ask them to clarify when things are unclear
- Assume they also have your child’s best interests in mind.
- Look for places where you and the school agree
Hopefully this meeting will lead to an agreement. If that doesn’t happen, and your disagreement is about an IEP, you might consider one of the other dispute resolution options. Read on!
2. Ask for a Facilitated IEP Meeting
If your disagreement is about the IEP, you might want to ask for a Facilitated IEP meeting. Your state’s Department of Education should have facilitators available at no cost to help with challenging IEP meetings.
Either the parents or the school can make the request for a facilitator. Both the parents and the school must agree before using a facilitator.
The facilitator…
- Is a neutral person who does not represent you or the school, and is not a member of the IEP team
- Helps with complex issues or a strained relationship between parents and the school
- Oversees drafting a successful IEP for the student
What does the facilitator do?
- Helps the school team make a meeting agenda and stick to it
- Keeps the team focused on the goal of agreeing on an IEP
- Helps solve problems that come up
- Keeps communication clear and open
- Makes sure the meeting starts and ends on time
How do I ask for a facilitated IEP?
Check with your Special Education Department, or look in your Procedural Safeguards manual.
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Louisiana:
The Louisiana Department of Education manages the IEP facilitators.
Fill out this Facilitation Request Form, and send it to:
Louisiana Department of Education
Attn: Legal Division
1201 North 3rd Street
Baton Rouge, LA 70802
You can also contact them by fax at 225-342-1197 or by email at DisputeResolution.DOE@la.gov.
Learn more about Louisiana’s Dispute Resolution process
Massachusetts:
The Bureau of Special Education Appeals (BSEA) manages IEP facilitators.
You can read about the BSEA’s IEP facilitation process on their site, or call them at 781-397-4750.
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3. Ask for Mediation
Mediation brings in a trained, neutral person to talk through the issue with you and the school. Mediation is free. However, both you and the school must agree to participate.
Many parents find mediators to be very helpful and easy to talk to.
You can ask for mediation at any time.
How to start the mediation process:
- Call the department in your state that deals with Special Education mediators. Usually this is part of the Department of Education. In some states you may be able to download a request form online and send it in by mail or email.
- You might also want to talk to a Special Education advocate or lawyer. They won’t need to come to the meeting, but they might be able to give you some advice.
The office will schedule mediation sessions in a place that’s convenient to you and the school. You can ask for a change in time and place if you need it.
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Louisiana:
Print out this Mediation Request Form and fill it out.
Call the Louisiana Department of Education Legal Division at 225-342-3572 or fax to 225-342-1197 or mail a written request to:
LDOE, Attn: Legal Division
P. O. Box 94064
Baton Rouge, LA
70804-9064
Learn more about Louisiana’s Dispute Resolution process
Massachusetts:
Call the Board of Special Education Appeals (BSEA) at 781-397-4750 and ask for mediation. They will put you in touch with the mediator assigned to your region.
You can read about Learn more about the BSEA’s Mediation process
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Tips to prepare for mediation:
- Make an outline of the dispute: What is the disagreement about? What is your view?
- Decide what you want for your child: both short-term and long-term. What solutions can make these things happen?
- List the solutions you have thought of ahead of time. But be ready to hear–and consider–new ideas at the meeting.
- Ask for thoughts and suggestions from people you trust who know your child well.
- Keep the focus on your child’s needs.
What to expect at the mediation meeting:
- The meeting may last anywhere from 2 hours to a full day. Sometimes you need more than one session
- The mediator will lead the meeting, give everyone the chance to share their concerns, and help problem-solve
- Everything said at the meeting is confidential. Nothing from this meeting can be used later if you end up having a more formal hearing
- If you reach an agreement, the mediator will verbally summarize it, then put it in writing
- You and the school district will sign the written agreement and each get a copy. Keep this in your IEP binder in case you need to refer to it later
- If you don’t reach an agreement, the mediator will discuss next steps
- Tú y el distrito escolar firmarán el acuerdo y cada uno recibirá una copia por escrito. Guarda esta copia en tu cuaderno del PEI por si acaso necesites hacer referencia a ella más adelante
- Si ustedes no llegan a un acuerdo, el mediador explicará los siguientes pasos
4. File a Written Complaint
A written complaint is a way to make sure that:
- Federal and state regulations are followed
- The parents’ and child’s rights are being observed, and
- The child is getting all the services and accommodations that are written in the IEP.
A complaint may be filed by anyone who believes there has been a violation of any special education requirement by a school district, the state Department of Education, or any other public agency.
The purpose of a written complaint is not to punish the school system; it is a way to ensure that the law is followed. Parents do not receive punitive damages, and the school system is not fined for violations.
After you file, a complaint investigator will gather evidence or documentation and issue a written decision.
Here is the process:
- Find your state’s complaint process and form. You can:
- Look on the Department of Education website.
- Ask your principal or IEP team (if you have one) to help you find it.
- Find the details in your Procedural Safeguards manual or Parent Special Education Guide.
- Fill out the form.
- Make copies and keep one for yourself.
- Send a copy to your school district.
- You may need to send one to the state as well. Some states may have a separate office or system to handle complaints.
Then stay on top of the process. Find out when the office is supposed to get back to you and call them if they take longer. Document every communication! You may have to use this information to prove it if they don’t follow the required process or timeline.
This is the last step before a Due Process Hearing, which is much more involved.
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Louisiana:
Louisiana also has an informal complaint process: You will send a written complaint to your district, and you should also include the Louisiana Department of Education: SpecialEducation@la.gov.
Read about Louisiana’s Dispute Resolution Process, including how to submit a formal complaint form.
Massachusetts:
This goes through the MA Department of Elementary and Secondary Education’s Problem Resolution System.
Here’s what you can do:
- Go to the Problem Resolution System website. Or contact their office, which is listed there. Phone: 781-338-3700 / Email: compliance@doe.mass.edu
- You can file a complaint online, or download and print a form.
- Read the Complaint Procedures Guide, which will describe the whole process.
Forms and Information Guide are available in English and 9 other languages.
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5. File for a Due Process Hearing
This is a formal meeting, like a court trial. It should be a last resort!
A trained, neutral Court officer will listen to both sides, review the evidence, and then make a decision.
Consider getting help from a lawyer. It’s not required, but it is strongly recommended. The special education laws are complicated. A lawyer can help you to prepare a strong case and get what is best for your child. See this section on getting legal help.
Either you, your lawyer, or the school can start this process.
How to file for a Special Education Due Process Hearing
- Find the Due Process instructions and Hearing Request form. You can download them from your state’s Department of Education website, find the details in the Procedural Safeguards manual, or ask the school principal or IEP team.
- Fill out the Hearing Request Form. Be sure to carefully describe your concerns and what you think the solutions should be. You must list all of your concerns here, because the hearing can only address the issues you list on this form.
- Send the signed written request to the special education director or superintendent of the school district.
- Make a copy of the form for yourself and keep it somewhere safe, like your IEP Binder.
- Send a copy to your state’s educational complaint office.
You must make this request within 1 year of the date that you knew of–-or should have known of-–the action you are complaining about.
Read all about the Due Process Hearing.
Learn more
These resources all have more detailed information about your rights, Dispute Resolution and conflict resolution in Special Education.
- IDEA Dispute Resolution Parent Guides: Short booklets with companion videos about the different resolution options.
- Know your rights: What is IDEA?
- More ways to learn about your state’s Special Education rights
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Louisiana:
- Louisiana’s Educational Rights of Children with Disabilities: Special Education Processes and Procedural Safeguards. Dispute resolution starts on page 15
- A Good IDEA for Louisiana: A Guide for Parents and Students About Special Education Services. This detailed booklet is easy to understand and explains the process for dispute resolution. It even has sample letters that you can adapt for your own needs
- Louisiana Believes Dispute Resolution page. You can also contact the State at DisputeResolution.DOE@la.gov
- Louisiana’s Parent Training and Information Center
Massachusetts:
BSEA stands for the Bureau for Special Education Appeals. This is a state office that conducts mediation, advisory opinions and hearings to resolve disputes about Special Education.
- A Parent’s Guide to Special Education See p. 31
- Parent’s Notice of Procedural Safeguards Official rules and processes. See p.7
- Problem Resolution System’s Complaint Info Guide In English and 9 other languages
- The Problem Resolution System (PRS), which handles complaints.
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