Resolving Special Education Disputes

IDEA requires that school systems have both formal and informal methods of dispute resolution to address special education complaints and disagreements. If a parent/guardian does not agree with a decision that has been made by an IEP team concerning the identification, evaluation, placement, or the provision of FAPE for a student with disabilities, four types of dispute resolution procedures are available (see chart below).

In addition, a parent/guardian who alleges that MCPS has discriminated against their child on the basis of disability may file a complaint under Section 504 of the Rehabilitation Act of 1973 (Section 504) with the Office for Civil Rights (OCR) in the U.S. Department of Education.

The Resolution and Compliance Unit (RACU) is responsible for coordinating Administrative Reviews, mediations, due process hearings, resolution meetings, and state special education complaints. RACU may also assist with OCR complaints alleging discrimination against a student with a disability which are handled by the MCPS Office of the General Counsel (OGC). OGC is also involved in mediation/resolution sessions when attorneys are involved and represent MCPS during the due process hearing.

A RACU instructional specialist is assigned to each case/complaint. At the conclusion of the process, RACU notifies school staff members in writing of the outcomes and of any follow-up activities they may be required.