No matter how good your relationship with a school, there may come a time when you and the school disagree over what’s best for your child. Conflicts can arise over the amount or quality of services that the school is providing in your child’s Individualized Education Program (IEP). Sometimes the disagreement may be about your child’s placement.
The good news is that the Individuals with Disabilities Education Act (IDEA) gives you several ways to resolve disputes. Here are six options for resolving an IEP dispute:
1. Informal Negotiation: Talking with the School during IEP Meetings
You’re part of the IEP team. In fact, you can call an IEP team meeting at any time. An IEP meeting brings together you, your child’s general and special education teachers and the school to discuss your child’s education.
Just calling this meeting is powerful way to jump-start a solution. Perhaps your child’s IEP requires an hour of speech therapy a week, but you find out that the school has skipped several weeks of therapy. You can call an IEP team meeting immediately to discuss how to fix this problem.
2. Mediation: A Voluntary Process with Third-Party Help
If the IEP process isn’t working, you can ask for mediation. This is a free, confidential and voluntary process where you sit down with the school and a neutral third party, called a mediator, to work out a solution.
The mediator doesn’t take sides or tell you what to do. Instead, the mediator tries to help you reach a solution with the school that works for everyone. You can ask for mediation at any time. The decisions agreed to in mediation are legally binding.
3. Due Process Hearing: Starts with Formal Complaint, Ends with Decision
Due process is a formal way of resolving disputes under IDEA. You start this process by filing a due process complaint. The due process complaint is a written document that spells out your dispute with the school and must state a violation of IDEA. It might be in reference to your child’s eligibility for special education services, or it could be in reference to the types and quality of services received.
Due process is a serious and involved legal process. It’s a good idea to speak with a special education lawyer before you file a complaint.
Learn more about Due Process:
- Due Process Complaints
- Due Process Hearings
- Due Process Hearing, In Detail
- Appeals and Expedited Due Process
4. Civil Lawsuit: Going to Court After Due Process
If you don’t win the due process hearing, you have the option of filing a lawsuit in state or federal court within 90 days (the school can also file a lawsuit). This is one the most extreme legal options and requires a lawyer. You can only file a civil lawsuit after you’ve gone through due process.
5. State Complaint: Asking the State to Step In
In addition to the options above, you can also file a state complaint about a school’s violation of IDEA within one year. This is basically a letter to the state department of education asking for an investigation.
Organizations and groups of parents can file state complaints. For instance, you can get together with other parents and file a state complaint if you see a school issue that affects more than just your child. Once a complaint is filed, the state may investigate and decide if the school violated IDEA. States have their own rules on how these complaints are handled.
Learn more about State Complaints:
6. Office for Civil Rights Complaint: Going to the Feds
Section 504 of the Rehabilitation Act protects students with IEPs from discrimination. Section 504 gives you even more options for resolving disputes. The most important is a complaint to the Office for Civil Rights (OCR) of the U.S. Department of Education. An OCR complaint has to be filed within 180 days of the school’s violation. Just like with a state complaint, an OCR complaint may lead to an investigation of the school.