Questions about Dispute Resolution
The Dispute Resolution Options provided under IDEA are Mediation, State Complaints, and Due Process Hearings. Additional resources on dispute resolution options:
Dispute Resolution Options in Comparison | CDE
The Resolution Process in Part B of IDEA | Center for Parent Information and Resources
Mediation: Typically, mediations are completed within 30 calendar days of a mediation request.
State Investigations: A written decision is issued within 60 calendar days after a properly filed complaint was received by the SCO and the AU.
Due Process: The AU must convene a resolution meeting within 15 days of a properly filed complaint. The resolution period may continue for up to 30 days. If no resolution is reached, a hearing must be conducted and a decision issued within 45 days. The ALJ’s decision may be appealed in state or federal district court within 90 days of the date of the decision. The process of working through the courts can take months or years.
The Office of Civil Rights has jurisdiction to investigate complaints of discrimination, including violations of Section 504 of the Rehabilitation Act of 1973. This does not fall under the IDEA. You can find out more information from the regional U.S. Department of Education Office for Civil Rights.
Also consider consulting with an experienced special education attorney: Contact OCR
Mediation: The parties decide the outcome guided by a legal mediator.
State Complaint: The State Complaints Officer.
Due Process Hearing: The Administrative Law Judge.
