--- title: 'Checklist: Preparing for dispute resolution' description: Use this list to guide you through dispute resolution with your child's school. This includes mediation, due process hearings, and filing a state complaint. slug: checklist-preparing-for-dispute-resolution author: Andrew M.I. Lee, JD reviewer: Myrna Mandlawitz, MEd, JD published: '2019-10-16T11:44:11.529Z' thumbnail: https://cdn-images.understood.org/p0qf7j048i0q/8620F2E8210E4284865E5987992B22B7/7562de8e65d4c1969f5c8240b442addb/465386035.jpg source_url: https://www.understood.org/en/articles/checklist-preparing-for-dispute-resolution lang: en --- # Checklist: Preparing for dispute resolution If you have a dispute with your child’s school, it’s important to understand and think through your options. ## Preparing for mediation - Where and when will the meeting or mediation take place? - Do I have all my child’s important records? - Are these records organized? - What are my goals for the meeting or mediation? - What are the points I want to make? Do I have objective data backing me up? - How might the school respond to my points? - Do I know what the law says about my dispute? - Will I make an opening statement? (Some mediations start with this. Contact the mediator of your session if you’re unsure.) - Will I bring someone like a lawyer, an education advocate, or even just a friend? - What does the school want? What are the school’s interests? - What offers will I consider? What offers will I reject? Are there “win-win” options? - What’s my best option if we don’t reach an agreement? - After the meeting, will I send the school a letter about what was discussed? (This isn’t required, but it can be helpful to document what happened at the session.) ## Filing a due process complaint - Am I filing within two years of the problem? (If not, the complaint might not be allowed.) - Do I need a lawyer or education advocate? - Have I looked at my state’s rules about due process complaints? - Did I put my complaint into writing (rather than just calling, for example)? - Does my complaint have my child’s name, address, and school information? - Does my complaint have my name, address, and contact information? - Did I sign the complaint? - Does my complaint describe the dispute and include facts about it? - Does my complaint have a proposed solution? - Have I included all issues in the complaint? (If it’s not in the complaint, it might not be allowed later at the due process hearing.) - Have I provided a copy to the school district and to the state department of education? ## Preparing for a due process or impartial hearing - Where will the hearing take place? When? Who is the hearing officer? - Do I need a lawyer or an education advocate? Will the school have a lawyer? - Have I looked at my state’s rules about due process hearings? - Do I want to have the hearing open to the public? - Do I want my child to come to the hearing? - What’s my legal argument for winning? What do I need to prove to win? - What evidence will my lawyer or advocate present at the hearing? - Do I have all my child’s important documents, such as evaluations and test results? Do I have all letters and emails with the school? - Are these records organized? Do I have a handy list of all the records? - What witnesses will my lawyer or advocate call at the hearing? Have the witnesses been notified? (State rules require this.) - Do all witnesses know how to get to the hearing and when? - What questions will be asked of each witness? - In what order will witnesses be called? - Is my attorney or advocate ready to give the school district and hearing officer a list of all possible witnesses and evidence at least five days before the hearing? - Has the attorney or advocate looked at the list of witnesses and evidence from the school district? Are we prepared to respond? Are we ready to question these witnesses? - Have opening and closing statements been prepared? ## Filing a state complaint - Am I filing a state complaint within one year of the problem? (If not, the complaint might not be allowed.) - Do I need help from a lawyer or education advocate? - Have I looked at my state’s rules about state complaints? - Have I put my complaint into writing (rather than just calling, for example)? - Does the complaint have a statement that the school district violated the Individuals with Disabilities Education Act (IDEA)? - Does the complaint include facts that support the violation of IDEA? - Does my complaint have my child’s name, address, and school information? - Does my complaint have my name, address, and contact information? - Did I sign the complaint? - Does my complaint have a proposed solution? - Have I provided a copy to the school district and to the state department of education? Find out more about [mediation sessions](https://www.understood.org/en/articles/what-to-expect-at-a-mediation-session) and [due process hearings](https://www.understood.org/en/articles/due-process-rights-what-you-need-to-know). --- ```json [{"@context":"https://schema.org","@type":"WebPage","@id":"https://www.understood.org/en/articles/checklist-preparing-for-dispute-resolution#webpage","url":"https://www.understood.org/en/articles/checklist-preparing-for-dispute-resolution","description":"Use this list to guide you through dispute resolution with your child's school. This includes mediation, due process hearings, and filing a state complaint."},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"https://www.understood.org/en/articles/checklist-preparing-for-dispute-resolution","name":"Checklist: Preparing for dispute resolution"}}]},{"@context":"https://schema.org","@type":"Article","datePublished":"2019-10-16T11:44:11.529Z","description":"Use this list to guide you through dispute resolution with your child's school. This includes mediation, due process hearings, and filing a state complaint.","headline":"Checklist: Preparing for dispute resolution","url":"https://www.understood.org/en/articles/checklist-preparing-for-dispute-resolution","publisher":{"@type":"Organization","@id":"https://www.understood.org/#organization","name":"Understood for All Inc","logo":"https://cdn-images.understood.org/p0qf7j048i0q/307jFAYQevghG8nQMCjh89/ccdbbec895765824db43f6d30b496e83/logo_lockup_navy.jpg"}}] ```