TEA has revised their Special Education Dispute Resolution Systems Handbook. PRN Education Specialist, Chuck Noe, has reviewed the Handbook and shares his perspective on changes that have been made to it.
The introduction to TEA’s Special Education Dispute Resolution Systems Handbook says “Because the parties will need to work together in the future on matters relating to a student’s educational program, TEA’s policy is to encourage resolution of disagreements at the local level if possible. As long as a student remains in the school district, the parties will need to maintain a cooperative relationship to make future decisions about a student’s special education program. Often, parties are able to resolve disagreements by holding an ARD committee meeting, which the parent may ask for at any time, or a meeting that includes other school personnel, such as a campus administrator or the special education director, or other school district administrators or support personnel. Some school districts use neutral meeting facilitators to assist ARD committees in resolving disagreements. Parents interested in having a locally provided facilitator at an ARD committee meeting should begin by contacting their school district to learn what their options are and to ask about availability.”
Key terms are defined, then frequently asked questions (FAQs) are addressed for the four resolution processes. This factsheet discusses key FAQs for each, but readers should read the section(s) of interest to them.
Individualized Education Program Facilitation
Facilitation at the district and state level is discussed. Question #7 lists the seven conditions that must be met for TEA to provide an independent facilitator. The parent and school must agree to the request, and the dispute must relate to an ARD committee meeting in which the committee did not reach mutual agreement about required elements of the IEP and in which the committee has agreed to recess and reconvene the meeting. The dispute cannot be about manifestation determination or interim alternative educational setting decisions. The parties must not be involved in special education mediation; the issues in dispute must not be the subject of a special education complaint or due process hearing; and the parties must not have participated in state IEP facilitation concerning the same student within the same school year. #10 covers the facilitator’s role.
Special Education Mediation
“Mediation is a process where the parents of a student with a disability and the school district … work with the help of a trained mediator toward a solution to a disagreement involving any matter related to a student’s special education eligibility or educational program”. The mediator is a neutral third party who helps the parties communicate with each other without taking sides. “All parties are involved in the decision-making process, and everyone has a chance to express concerns, offer opinions, make suggestions, and come up with solutions. The focus of the mediation is on solving disagreements and arriving at a solution that meets the needs of the student.”
“TEA automatically offers mediation to parents and the school district each time a special education complaint or due process hearing request is filed, but mediation may be requested at any time.” #1
# 2. Why choose mediation? “Parties are more likely to have a good working relationship in the future if they can agree on how to solve a disagreement. Mutual agreements generally result in greater satisfaction for all parties because the parties themselves decide the outcome. Other benefits of mediation are that it is less formal, less costly, and less time-consuming than the other dispute resolution processes. TEA’s mediation program has been very successful at resolving special education disagreements. In fact, nearly 80 percent of the parties that have used TEA’s mediation services during the last several years have reached an agreement as a result of the mediation. For this reason, TEA strongly encourages all parties to consider mediation.”
#4 discusses how mediation might work when an ARD committee has not been able to reach agreement. The mediator is able to provide feedback and suggestions to help the parties communicate more effectively and possibly reach a common solution. Questions 5-11 cover how mediation is requested and scheduled. #12-16 cover how the process works.
If mediation ends with a written settlement agreement, it is a legally binding contract. If the school does not follow it, the parent can file a lawsuit in state or federal court and ask the judge to make the school follow the agreement. (#17) Mediation discussions are confidential, however, the school can share settlement agreements with school staff who have “a legitimate educational interest” in the information in it. (#19, 20)
The TEA mediation process is not for students with a Section 504 plan. A parent may file a complaint regarding Section 504 with the school district. The district can agree to hire a private mediator to conduct mediation, or a due process hearing. A parent may file a complaint with the U.S. Department of Education’s Office of Civil Rights (OCR). OCR may offer to facilitate mediation, referred to as “Early Complaint Resolution,” to resolve a Section 504 complaint. Information on OCR’s complaint process can be found at: http://www2.ed.gov/about/offices/list/ocr/504faq.html. (#22)
Special Education Complaint Resolution
Anyone may file a special education complaint with TEA. Third party complainants must submit written permission signed by the parent for the release of confidential information about the student. If the parent, or adult student does not grant permission, TEA will not provide a third party complainant with a copy of any findings made regarding the complaint. (#1) A complaint may be filed on behalf of an individual student or a group of students. (#3)
“A complaint may be filed when there is a concern that a school district or other public agency, such as TEA, has violated federal or state special education requirements. For TEA to investigate a complaint, it must allege at least one violation of a special education requirement and set forth facts to support each allegation.” Examples are listed. (#2)
An investigation is conducted by TEA staff who review documentation, talk with parents and district or other public agency staff if necessary, and evaluate whether a violation of a special education requirement occurred. A complaint must be filed within one year of the action to be investigated. (#4, 5)
The steps in the complaint process are: intake; investigator assessment to determine if TEA may investigate under IDEA; notice of investigation and request for response from the district; investigation; and investigative report. The school district must also send a copy of its written response to TEA to the complainant and may send a copy of the documentation, too, unless doing so would violate laws on confidentiality. The complainant may also provide additional information about the allegations to TEA and the district. “If the school district … does not provide the complainant with a copy of its response and documentation, the complainant may submit a written request for the information to either the school district or TEA under the Texas Public Information Act.” The investigator reviews the information provided, and may gather more through telephone or personal interviews. TEA may decide that an on-side visit is required. The investigative report includes: a description of the allegations in the complaint; TEA’s findings of fact and conclusions; a discussion of how the findings of fact and the applicable law supporting TEA’s conclusions; any technical assistance that TEA determines may help the district avoid such situations in the future; and any corrective actions required of the district if a violation occurred. (#10)
If corrective actions are required, the type of action will depend on the type of violation and must be appropriate to address the needs of the specific student. If TEA determines that the violation affected or may have affected a group of students, the corrective action will include steps that the school district must take to correct the broader problem. Corrective actions include, but are not limited to, the following: an evaluation; compensatory services; monetary reimbursement for educational expenses; an ARD meeting to review and/or revise the student’s IEP; an ARD meeting to work out the details of compensatory services, reimbursement, or other corrective action; staff training or development; a review and/or revision of policies, practices, and/or guidelines; a self-assessment regarding compliance with the IDEA; or periodic monitoring or reporting on implementation of corrective actions. TEA may not charge fines or address staffing decisions as part of the corrective action. If the school district has appropriately corrected the violation before TEA issues an Investigative Report, TEA may choose not to issue a finding of noncompliance. (#12)
“Compensatory services are future services to be provided to a student to make up or compensate for a school district’s failure to provide the student with appropriate services in the past.” They are only required when TEA determines the violation may have resulted in denying the student a free appropriate public education. Reimbursement is “paying the parent for services that they paid for because the district did not provide appropriate services to the student.” (#13, 14)
“All noncompliance must be corrected as soon as possible and in most cases within one year from the date of the Investigative Report. TEA follows up with school districts and other public agencies to ensure that they are completing the required corrective actions.” (#15) TEA decisions about a complaint cannot be appealed. (#16)
A complaint and request a hearing can be made at the same time, but TEA is must set aside any issues raised in a complaint that will be addressed in a due process hearing until the hearing is over. TEA will address the issues that are not part of the hearing according to the standard complaint procedures and timelines. TEA will notify the parties in writing of the specific issues that are set aside and those that will be addressed. After the hearing, TEA will determine whether any issue that was set aside was not addressed in the hearing. If any issue was not addressed, TEA will address it within 60 calendar days after the hearing officer’s decision unless the complainant withdraws the complaint.
“If an issue raised in a complaint has already been decided in a due process hearing involving the same parties, the hearing decision is binding on that issue and may not be investigated through the complaint resolution process.” (#6)
#7 covers the information that must be in a complaint, and provides a link to the TEA sample form. Typically, TEA must issue a written decision within 60 calendar days of the date on which a complaint meeting all requirements is filed. (#9)
Special Education Due Process Hearings
A hearing is a formal legal process similar to going to trial in a court. A “hearing may be requested when a parent and the school do not agree about the identification, evaluation, educational placement or services of a student with a disability, and/or regarding the provision of a FAPE to a student with a disability. A parent may also request an expedited hearing when there is a disagreement with certain decisions involving discipline (see 24).” The party requesting a hearing is called the petitioner and the other party is called the respondent.
“A party must request a hearing within one year of the date the party knew or should have known about the matter that is the subject of the hearing. There are two exceptions to the one-year timeline: if the parent was prevented from requesting the due process hearing because the school district specifically misrepresented that it had resolved the problem; or if the school district withheld information from the parent that the school district was required to provide under the IDEA.” (#3)
Question 7 discusses that parents do not have to have an attorney. A non-attorney can represent a parent. (#8) Information on hearing officers, how they are assigned and their role is covered in #9-11. “Once a case has been assigned to a hearing officer, TEA will send the parties a written notice that provides the hearing officer’s name and contact information. TEA will also send the parent a packet of helpful information that includes free and low-cost legal services, special education advocate and attorney lists, as well as a copy of this handbook. The hearing officer will contact the parties to schedule the case for a prehearing conference.” (#12) It may be possible to amend the hearing request. (#20)
The parties must have a resolution meeting within 15 days. This “meeting gives the parent a chance to talk about the reasons for requesting the hearing and gives the parties an opportunity to resolve the issues without the necessity of going further with the formal hearing process.” Mediation can take the place of this meeting. (#15)
A hearing officer must issue a decision within 45 calendar days following the 30-day resolution period, unless the resolution period is adjusted or the case involves discipline (see Question 24). A hearing officer may grant an extension of the 45-day hearing timeline at the request of either party for good cause. (#23)
TEA has revised their Special Education Dispute Resolution Systems Handbook. PRN Education Specialist, Chuck Noe, has reviewed the Handbook and shares his perspective on changes that have been made to it.
The introduction to TEA’s Special Education Dispute Resolution Systems Handbook says “Because the parties will need to work together in the future on matters relating to a student’s educational program, TEA’s policy is to encourage resolution of disagreements at the local level if possible. As long as a student remains in the school district, the parties will need to maintain a cooperative relationship to make future decisions about a student’s special education program. Often, parties are able to resolve disagreements by holding an ARD committee meeting, which the parent may ask for at any time, or a meeting that includes other school personnel, such as a campus administrator or the special education director, or other school district administrators or support personnel. Some school districts use neutral meeting facilitators to assist ARD committees in resolving disagreements. Parents interested in having a locally provided facilitator at an ARD committee meeting should begin by contacting their school district to learn what their options are and to ask about availability.”
Key terms are defined, then frequently asked questions (FAQs) are addressed for the four resolution processes. This factsheet discusses key FAQs for each, but readers should read the section(s) of interest to them.
Individualized Education Program Facilitation
Facilitation at the district and state level is discussed. Question #7 lists the seven conditions that must be met for TEA to provide an independent facilitator. The parent and school must agree to the request, and the dispute must relate to an ARD committee meeting in which the committee did not reach mutual agreement about required elements of the IEP and in which the committee has agreed to recess and reconvene the meeting. The dispute cannot be about manifestation determination or interim alternative educational setting decisions. The parties must not be involved in special education mediation; the issues in dispute must not be the subject of a special education complaint or due process hearing; and the parties must not have participated in state IEP facilitation concerning the same student within the same school year. #10 covers the facilitator’s role.
Special Education Mediation
“Mediation is a process where the parents of a student with a disability and the school district … work with the help of a trained mediator toward a solution to a disagreement involving any matter related to a student’s special education eligibility or educational program”. The mediator is a neutral third party who helps the parties communicate with each other without taking sides. “All parties are involved in the decision-making process, and everyone has a chance to express concerns, offer opinions, make suggestions, and come up with solutions. The focus of the mediation is on solving disagreements and arriving at a solution that meets the needs of the student.”
“TEA automatically offers mediation to parents and the school district each time a special education complaint or due process hearing request is filed, but mediation may be requested at any time.” #1
# 2. Why choose mediation? “Parties are more likely to have a good working relationship in the future if they can agree on how to solve a disagreement. Mutual agreements generally result in greater satisfaction for all parties because the parties themselves decide the outcome. Other benefits of mediation are that it is less formal, less costly, and less time-consuming than the other dispute resolution processes. TEA’s mediation program has been very successful at resolving special education disagreements. In fact, nearly 80 percent of the parties that have used TEA’s mediation services during the last several years have reached an agreement as a result of the mediation. For this reason, TEA strongly encourages all parties to consider mediation.”
#4 discusses how mediation might work when an ARD committee has not been able to reach agreement. The mediator is able to provide feedback and suggestions to help the parties communicate more effectively and possibly reach a common solution. Questions 5-11 cover how mediation is requested and scheduled. #12-16 cover how the process works.
If mediation ends with a written settlement agreement, it is a legally binding contract. If the school does not follow it, the parent can file a lawsuit in state or federal court and ask the judge to make the school follow the agreement. (#17) Mediation discussions are confidential, however, the school can share settlement agreements with school staff who have “a legitimate educational interest” in the information in it. (#19, 20)
The TEA mediation process is not for students with a Section 504 plan. A parent may file a complaint regarding Section 504 with the school district. The district can agree to hire a private mediator to conduct mediation, or a due process hearing. A parent may file a complaint with the U.S. Department of Education’s Office of Civil Rights (OCR). OCR may offer to facilitate mediation, referred to as “Early Complaint Resolution,” to resolve a Section 504 complaint. Information on OCR’s complaint process can be found at: http://www2.ed.gov/about/offices/list/ocr/504faq.html. (#22)
Special Education Complaint Resolution
Anyone may file a special education complaint with TEA. Third party complainants must submit written permission signed by the parent for the release of confidential information about the student. If the parent, or adult student does not grant permission, TEA will not provide a third party complainant with a copy of any findings made regarding the complaint. (#1) A complaint may be filed on behalf of an individual student or a group of students. (#3)
“A complaint may be filed when there is a concern that a school district or other public agency, such as TEA, has violated federal or state special education requirements. For TEA to investigate a complaint, it must allege at least one violation of a special education requirement and set forth facts to support each allegation.” Examples are listed. (#2)
An investigation is conducted by TEA staff who review documentation, talk with parents and district or other public agency staff if necessary, and evaluate whether a violation of a special education requirement occurred. A complaint must be filed within one year of the action to be investigated. (#4, 5)
The steps in the complaint process are: intake; investigator assessment to determine if TEA may investigate under IDEA; notice of investigation and request for response from the district; investigation; and investigative report. The school district must also send a copy of its written response to TEA to the complainant and may send a copy of the documentation, too, unless doing so would violate laws on confidentiality. The complainant may also provide additional information about the allegations to TEA and the district. “If the school district … does not provide the complainant with a copy of its response and documentation, the complainant may submit a written request for the information to either the school district or TEA under the Texas Public Information Act.” The investigator reviews the information provided, and may gather more through telephone or personal interviews. TEA may decide that an on-side visit is required. The investigative report includes: a description of the allegations in the complaint; TEA’s findings of fact and conclusions; a discussion of how the findings of fact and the applicable law supporting TEA’s conclusions; any technical assistance that TEA determines may help the district avoid such situations in the future; and any corrective actions required of the district if a violation occurred. (#10)
If corrective actions are required, the type of action will depend on the type of violation and must be appropriate to address the needs of the specific student. If TEA determines that the violation affected or may have affected a group of students, the corrective action will include steps that the school district must take to correct the broader problem. Corrective actions include, but are not limited to, the following: an evaluation; compensatory services; monetary reimbursement for educational expenses; an ARD meeting to review and/or revise the student’s IEP; an ARD meeting to work out the details of compensatory services, reimbursement, or other corrective action; staff training or development; a review and/or revision of policies, practices, and/or guidelines; a self-assessment regarding compliance with the IDEA; or periodic monitoring or reporting on implementation of corrective actions. TEA may not charge fines or address staffing decisions as part of the corrective action. If the school district has appropriately corrected the violation before TEA issues an Investigative Report, TEA may choose not to issue a finding of noncompliance. (#12)
“Compensatory services are future services to be provided to a student to make up or compensate for a school district’s failure to provide the student with appropriate services in the past.” They are only required when TEA determines the violation may have resulted in denying the student a free appropriate public education. Reimbursement is “paying the parent for services that they paid for because the district did not provide appropriate services to the student.” (#13, 14)
“All noncompliance must be corrected as soon as possible and in most cases within one year from the date of the Investigative Report. TEA follows up with school districts and other public agencies to ensure that they are completing the required corrective actions.” (#15) TEA decisions about a complaint cannot be appealed. (#16)
A complaint and request a hearing can be made at the same time, but TEA is must set aside any issues raised in a complaint that will be addressed in a due process hearing until the hearing is over. TEA will address the issues that are not part of the hearing according to the standard complaint procedures and timelines. TEA will notify the parties in writing of the specific issues that are set aside and those that will be addressed. After the hearing, TEA will determine whether any issue that was set aside was not addressed in the hearing. If any issue was not addressed, TEA will address it within 60 calendar days after the hearing officer’s decision unless the complainant withdraws the complaint.
“If an issue raised in a complaint has already been decided in a due process hearing involving the same parties, the hearing decision is binding on that issue and may not be investigated through the complaint resolution process.” (#6)
#7 covers the information that must be in a complaint, and provides a link to the TEA sample form. Typically, TEA must issue a written decision within 60 calendar days of the date on which a complaint meeting all requirements is filed. (#9)
Special Education Due Process Hearings
A hearing is a formal legal process similar to going to trial in a court. A “hearing may be requested when a parent and the school do not agree about the identification, evaluation, educational placement or services of a student with a disability, and/or regarding the provision of a FAPE to a student with a disability. A parent may also request an expedited hearing when there is a disagreement with certain decisions involving discipline (see 24).” The party requesting a hearing is called the petitioner and the other party is called the respondent.
“A party must request a hearing within one year of the date the party knew or should have known about the matter that is the subject of the hearing. There are two exceptions to the one-year timeline: if the parent was prevented from requesting the due process hearing because the school district specifically misrepresented that it had resolved the problem; or if the school district withheld information from the parent that the school district was required to provide under the IDEA.” (#3)
Question 7 discusses that parents do not have to have an attorney. A non-attorney can represent a parent. (#8) Information on hearing officers, how they are assigned and their role is covered in #9-11. “Once a case has been assigned to a hearing officer, TEA will send the parties a written notice that provides the hearing officer’s name and contact information. TEA will also send the parent a packet of helpful information that includes free and low-cost legal services, special education advocate and attorney lists, as well as a copy of this handbook. The hearing officer will contact the parties to schedule the case for a prehearing conference.” (#12) It may be possible to amend the hearing request. (#20)
The parties must have a resolution meeting within 15 days. This “meeting gives the parent a chance to talk about the reasons for requesting the hearing and gives the parties an opportunity to resolve the issues without the necessity of going further with the formal hearing process.” Mediation can take the place of this meeting. (#15)
A hearing officer must issue a decision within 45 calendar days following the 30-day resolution period, unless the resolution period is adjusted or the case involves discipline (see Question 24). A hearing officer may grant an extension of the 45-day hearing timeline at the request of either party for good cause. (#23)
