Dispute Resolution

"Dispute resolution" refers to various methods of resolving disagreements regarding the services and supports being proposed or offered to a student. Parents have the right to disagree with the school district’s proposals concerning IEPs, evaluations, or educational placements, and parents may also engage the dispute resolution process if they feel that an IEP is not being fully implemented.

It is important to remember that everyone on the IEP team has the student’s best interest in mind and wants the student to be successful. With that said, disputes do arise. There are many options available to help resolve differences: conciliation, mediation, a facilitated IEP meeting, complaint investigation, and a due process hearing.

A conciliation conference must be offered to parents if they object to a proposed IEP, and it is the most common next step following an IEP team meeting that did not result in an agreed-upon IEP. Conciliation does not necessarily involve a neutral third party and does not require all IEP team members to be present.

• Parents always have a right to try to conciliate a disagreement with the school district. Parents cannot be required to conciliate.

• If parents want to conciliate, they must ask the district for a conciliation conference and it must be held within 10 calendar days.

• The fact that conciliation was attempted can be disclosed at a due process hearing, although discussions occurring in the conference cannot.

• Following the conference, within five business days, the district must prepare a memorandum that describes its final proposed offer of services. That memorandum can be used in any subsequent proceeding.

Mediation is a process for resolving disagreements between parents and school staff over eligibility for special education, evaluation, manifestation determination, a program that meets the child’s needs, or the provision of a free appropriate public education to a child with a disability. A trained, neutral mediator assists the parties in resolving the underlying conflicts and problems creating a barrier to agreement. Mediation is useful when the IEP team has more substantial problems because of mistrust, miscommunication, or a history of difficulty coming to agreement.

• A neutral mediator helps the parties clearly communicate their concerns, find common ground, identify possible solutions, and reach a mutually agreeable resolution. The mediator does not make a decision resolving the disagreement.

• Mediation is voluntary for both parties and must be held in a timely manner and in a convenient location for both the family and the school. If the student is younger than three years of age, the mediation process must be completed within 30 calendar days after the written request is received by the Minnesota Special Education Mediation Service.

• The fact that mediation was attempted can be disclosed at a due process hearing. Mediation may result in an agreement that cannot be shared at a hearing unless the parties agree to share it or one of the parties believes the agreement is not being followed.

• All discussions occurring during the mediation are confidential and cannot be shared in a due process hearing unless the parties agree, in writing, to share them, or a party to a hearing believes the other misrepresented information.

• If there is a dispute over implementing a mediated agreement, the parties may go back to mediation.

• If a hearing has been requested and the parties want to mediate, MDE will provide a mediator within three business days following a request for a mediator.

A facilitated IEP team meeting is an IEP meeting that is facilitated by a neutral party. This process is useful when the IEP team is having communication difficulties that prevent agreement over one or more issues concerning the IEP. A facilitator can help the team improve communication and come to an agreement.

• A facilitated IEP team meeting is similar to a regular IEP team meeting. The difference is the presence of a state-provided neutral facilitator who promotes effective communication and assists in developing an IEP.

• The use of a state-provided facilitator must be agreed to by both parties.

• The facilitator is provided at no cost to either party.

• The facilitator cannot be called to testify and the facilitator’s records cannot be used in a due process hearing.

A complaint is a formal, state investigation process used when any person believes an education agency has violated state or federal special education law. A complaint is generally a less expensive, less adversarial, and faster option to resolve a perceived violation of law than a due process hearing.

• Anyone can file a signed written complaint with MDE alleging a school district is violating, or has violated, special education law. The complaint must include a description of what the district is doing wrong or failing to do and the facts upon which the allegation is based.

• A complaint may be filed regarding an issue that arose within the past year. A longer period may be reasonable, as determined by MDE on a case-by-case basis, if the complaint is seeking compensatory education for an alleged violation occurring within the past three years, or if an alleged violation is continuing.

• An attorney is not required to file a complaint and attorney fees are not recoverable for the work done in a complaint.

• The complaint will be resolved by MDE within 60 days of its filing in most cases.

• When MDE resolves a complaint and finds a violation, MDE may require the district to do any number of things including corrective action appropriate to the needs of the child and providing for the appropriate future provision of services for all children with disabilities.

• If a complainant or district is not satisfied with a complaint decision by MDE, either party may appeal the decision to the Minnesota Court of Appeals within 60 days.

Parents have the right to go directly to a due process hearing (unless they voluntarily waive that right). It also may be used by the district to challenge a parent’s refusal to allow an initial evaluation, agree to the provision of certain services, agree to the placement of the student, or when the district declines the parent’s request for an independent educational evaluation.

• Parents and districts have the right to a due process hearing before a hearing officer appointed by MDE when there is a disagreement over the identification, evaluation, educational placement, manifestation determination, interim alternative educational placement, or the provision of free appropriate public education (FAPE) to a child with a disability.

• The parties may be prohibited from a hearing on claims that are determined to be too old by the hearing officer.

• The hearing will be conducted by an impartial hearing officer in the district responsible for ensuring a free appropriate public education for the child.

• Parties have the right to be accompanied by a lawyer and individuals with special knowledge or training with respect to the problems of children with disabilities. A decision must be issued by the hearing officer, and mailed to the parties, within 45 days of the request for hearing. This timeline may be extended by the hearing officer for up to 30 days if requested by a party for good cause. A longer extension may be obtained if both parties and the hearing officer agree or if an independent educational evaluation is to occur.

• If a hearing officer finds that a student has been denied a FAPE, the hearing officer may require the district to do any number of things designed to put the student in the place the student would have been if the denial of FAPE had not occurred. This includes, but is not limited to: changes in the IEP, compensatory education and services, and reimbursement or future payment for services not provided by the school district.