If you disagree with the school

Learn

• Negotiation

  Pushing back on your child’s school can feel uncomfortable, especially when you’ll be working with the same people all year. But you have options, and most families start with the least formal one.

  Negotiation means talking things through with the school team.

  • It’s the least formal way to resolve a dispute with the school.

  • It can be as simple as asking for a meeting and using that time to talk with the school about your concerns and possible ways to address them.

  • Many families try negotiation first. You can still choose a more formal option later.

• Alternative dispute resolution

  You may hear the school use the term alternative dispute resolution (ADR) to describe different ways to work through a conflict.

  • Mediation is one type of ADR. This is when you and the school try to reach an agreement with the help of a neutral third person called a mediator.

  • Some schools may also consider negotiation to be a type of ADR.

  • Federal law doesn’t require states and school districts to offer ADR for 504 plans, so mediation might not be an option where you live.

• Impartial hearing

  A more intensive way to resolve a dispute is through an “impartial hearing.” This is like a short trial where you present your side of the story to a neutral person who decides the case. This person is usually called a hearing officer. If you don’t like the decision, you can appeal.

  To start the process, you need to send a letter to the school district, formally asking for an impartial hearing. The rules on these hearings vary from state to state and can be complicated. You may want to think about hiring a special education advocate or lawyer before asking for a hearing.

• Office for Civil Rights complaint

  Another option for a 504 plan dispute is to file a complaint with the Office for Civil Rights (OCR) at the U.S. Department of Justice. An OCR complaint is simply a letter stating that the school violated Section 504.

  Two key things to know about this kind of complaint:

  • You must file the complaint within 180 days of the violation.

  • The complaint needs to focus on whether a school followed the law.

  An OCR complaint may lead to an investigation of the school.

• Lawsuit

  If you believe the school is discriminating against your child because of a disability, you can file a lawsuit. You don't need to have an impartial hearing or file an civil rights complaint first. But keep in mind that a lawsuit can be expensive and generally requires a lawyer.

  Because of the time and expense involved, make sure you’re confident that you have a strong case before you decide to go to court. One example might be if the school says your child can’t participate in a school activity solely because of a disability.