Due Process & Mediation

The law establishes procedural safeguards for parents in the Individualized Educational Plan (IEP) process. Included in the procedural safeguards is the opportunity to participate in mediation or a due process hearing to resolve disagreements between the parents and the district. Either the parents or the district may initiate the due process hearing procedures under any of the following circumstances:

• There is a proposal to initiate or change the identification, assessment, or educational placement of the child or the provision of a free, appropriate public education to the child.

• There is a refusal to initiate or change the identification, assessment, or educational placement of the child or the provision of a free, appropriate public education to the child.

• The parent or guardian refuses to consent to an assessment of the child.

• There is a disagreement between a parent or guardian and a district, special education local plan area, or county office regarding the availability of a program appropriate for the child, including the question of financial responsibility.