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NICHCY > Educate Children (3 to 22) > Resolving Disputes
Resolving Disputes Between Parents and Schools  
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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. When such disagreements occur, parents and school districts can turn to IDEA’s procedural safeguards and dispute resolution options.

In this section of NICHCY's website, you'll find authoritative information about critical aspects of resolving conflicts under IDEA.

Five Options, 1-2-3

If you'd like to start with a crash course on dispute resolution options in a short read, this one's for you.

Informal Approaches to Resolving Disputes

While IDEA offers parents and schools several ways to resolve their disputes, other less formal approaches are available as well, including holding an IEP meeting to review and revise the child's IEP or holding a facilitated IEP meeting.

Filing a State Complaint

Find out about the state complaint under IDEA---what is involves, who may file one and to whom, what information the complaint must contain, and what happens when it's received.

Mediation

Mediation is designed to bring about a peaceful settlement or compromise between parties to a dispute through the objective intervention of a neutral party. This section provides the details.

The Due Process Complaint

Filing a due process complaint is the first step in the process that may lead to a due process hearing, a formal proceeding held to resolve conflicts between parents and schools. Find out what's involved in filing a due process complaint and what must occur as a result.

The Resolution Process

The resolution process became part of IDEA in 2004! The school system must convene a resolution meeting within 15 days of receiving notice of the parent’s due process complaint and prior to initiating the hearing. The purpose of the meeting is for parents to discuss their due process complaint, and the facts that form the basis of the due process complaint, so that the school system has the opportunity to resolve the dispute.

Due Process Hearings

When parents and schools have been unable or unwilling to resolve a dispute themselves, they may proceed to a due process hearing. There, an impartial, trained hearing officer hears the evidence and issues a hearing decision. Learn about important timelines, the rights each party has at the hearing, and the role the hearing officer plays.



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Related Information

OSEP Resources

Related publications, presentations, and other resources from OSEP’s TA&D Network


Spread the Word!

Looking for training materials on resolving conflicts under IDEA? Check out NICHCY's training module on the subject, part of the Building the Legacy curriculum.

Readers are encouraged to copy and share this information, but please credit the National Dissemination Center for Children with Disabilities (NICHCY). NICHCY relies on feedback from users to enhance our collection, development, and dissemination of information. We encourage you to share your ideas and feedback with us! Please contact us at our email address (nichcy@aed.org) or visit the NICHCY Feedback Page at: www.nichcy.org/Pages/Feedback.aspx.

NICHCY thanks our Project Officer, Dr. Judy L. Shanley, at the Office of Special Education Programs (OSEP), U.S. Department of Education.

Publication of this Web resource page is made possible through Cooperative Agreement #H326N030003 between the Academy for Educational Development and the Office of Special Education Programs of the U.S. Department of Education. The contents of this document do not necessarily reflect the views or policies of the Department of Education, nor does mention of trade names, commercial products, or organizations imply endorsement by the U.S. Government.

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