Resolving IEP disputes

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• Informal negotiation

  IDEA lays out six options for resolving disputes, and they range from pretty low-key, like requesting another IEP meeting all the way up to filing a civil rights complaint.

  The least formal option is negotiation. This includes having a conversation with the team, trying to talk things through.

  You can do this by asking for another IEP meeting. You can use the meeting to talk about how you want to fix whatever problem you’re having with the IEP.

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• Mediation

  If the issue doesn’t get resolved, the next step up is to ask for a mediation meeting. This is where you sit down with a neutral third party called the mediator. This person doesn’t take sides or tell anybody what to do. Their job is to try to come up with a solution that works for you and the rest of the IEP team.

  You can ask for mediation at any time. It’s voluntary, so you get to choose whether to go this route.

  But keep in mind that the decisions made during mediation are legally binding — once you reach an agreement, you can’t back out of it.

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• Due process hearing

  Option #3 is a due process hearing. This is a formal process that starts with you filing a written complaint. This complaint has to include why you think the school violated your child’s rights, like if:

  • Your child didn’t qualify for special education, or

  • Your child qualified but you think the school isn’t providing appropriate services, or

  • You think your child isn’t being educated in the least restrictive setting 

  The next step is to have a resolution session with the school where both sides try to reach an agreement.

  If you can’t agree, there will be a due process hearing with evidence presented, witnesses, and a hearing officer who acts like a judge and will make a decision on the case.

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• Lawsuit

  You can file a civil lawsuit, but you can’t do this until after you’ve gone through due process. It’s a good idea to hire a lawyer if you’re going to file a lawsuit.

• State and civil rights complaints

  Another way you can resolve an IEP dispute is by filing a state complaint. Write a letter explaining why you think the school violated IDEA. Send it to your state’s Department of Education and ask them to do an investigation.

  You can file this complaint on your own or with other parents if a situation at school affects more than just your child.

  Filing a civil rights complaint is similar to filing a state complaint, but this one escalates the issue even higher to the federal government.