descriptions of Dispute Resolution options

Alternative Dispute Resolution Services

Facilitated IEP Meetings (FIEP)

Facilitation is the act of engaging participants in creating, discovering, and applying learning insights. In contrast to presentation, which is typically characterized by a “sage on the stage” delivering content to an audience, facilitation usually involves a “guide on the side” who asks questions, moderates discussions, introduces activities, and helps participants learn.

Facilitation is a collaborative process that emphasizes shared responsibility by all team members for the development of the most appropriate IEP for the student and enables the team to:

Build and improve strong relationships among team members
Reach true consensus
Focus the IEP content and process on the needs of the student
Exercise an efficient, guided meeting process where effective communication and reflective listening are practiced

Neutral Facilitation

A neutral facilitator is someone who does not share any content knowledge about the student but rather is there simply to guide the meeting process, encourage participation and makes sure that everyone is working on the same thing at the same time. This is a voluntary process.

Mediation

Mediation is a service available anytime there is a disagreement between parents and educators about special education and/or related services and supports each to listen to each other in order to develop an agreement. Mediation may be available at the district level, SELPA-level or through a SELPA-contracted mediator. These proceedings are confidential and cannot be used outside the setting without consent from all parties. Once an agreement has been reached, both sides sign a written agreement to abide by the decisions made, and possibly to schedule an IEP team meeting to memorialize the decision. This is a voluntary process.

Formal Complaint Processes

Written State Complaint

A complaint filed with the State of California communicates that a public agency (LEA) has not followed the IDEA, and requests an investigation.

Due Process Complaint/Heading Request

A Due Process Complaint/Hearing Request results in a written decision with finds of fact and conclusions of law, which may order specific activities to be carried out. Parents and/or the Districts have the option to file with the California Office of Administrative hearing ("OAH") for due process, which may include mediation only, mediation and a hearing or a hearing only. Mediation through OAH is different from SELPA level mediation through the Antelope Valley SELPA in that it is facilitated by an administration law judge. The process is similar in that it is voluntary, confidential, and does not impact future due process hearing requests through OAH.

Page updated

Report abuse