O ptions for Dispute Resolution

OOptionsptions for Dispute for Dispute ResolutionResolution

IDEA’IDEA’ss

Produced by NICHCY, 2007

FFamiliar Approaches to Resolving amiliar Approaches to Resolving ConflictsConflicts

A.A.

B.B.


A.A.

B.B.

How AboutHow About TThese?hese?


This module looks atThis module looks at......IDEA’s options for dispute resolution• Informal approaches• State complaints• Mediation• Due process complaints• Resolution process• Due process hearings• Expedited due process hearings

in disciplinary situations• Other hearings


PProcedural Safeguards Noticerocedural Safeguards Notice

• Is a comprehensive written explanation of procedural safeguards available to parents of a child with a disability

• Must be provided to parents once per school year

• Must also be given to parents under specific conditions


EExamples of xamples of IInformal Approachesnformal Approaches• IEP Review


EExamples of xamples of IInformal Approachesnformal Approaches• IEP Facilitation


SState Complaintstate Complaints•What is a

State complaint?•Who may file one?•What information

must be included?•What are the SEA’s

procedures for handling the complaint?

•Are there time limits?Produced by NICHCY, 2007

MMediationediation• Description• Benefits• Procedures• SEA’s obligations• Confidentiality of discussions• Enforcement of written agreement


BBrain on rain on overload?overload?

TTime to ime to download.download.

AAnd stretch nd stretch a bit.a bit.

HHow ‘bout we ow ‘bout we stand up?stand up?

AAnd sit back nd sit back down, refreshed.down, refreshed.


RReach for the each for the sky.sky.

DDue Process Complaintsue Process Complaints•What is a due

process complaint?•Who may file one?•Are there time

limits?•What information

must be included?•What if it’s not included?•How does an LEA respond?


RResolution Processesolution Process•Description•Benefits•Procedures•LEA’s obligations•Timelines•Enforcement of

written agreement


DDue Process Hearingsue Process Hearings

What happens there?

What are the

timelines?

What rights do the parties have?



Qualifications of Hearing Officer



Standard for Hearing Officer’s DecisionAppealin

g a Hearing Officer’s Decision


DDue ue ProcessProcess

Attorneys’ Fees


DDue ue ProcessProcess

What is the child’s placement until

completion of the due process proceedings?


DDue Processue Process

SSpecial Rules for Due Process pecial Rules for Due Process Hearings in Disciplinary Hearings in Disciplinary SituationsSituations


DDue Processue Process

OOne More ne More HearingHearing

When a Child When a Child with a Disability with a Disability

is is Unilaterally Unilaterally Placed at a Placed at a

Private School Private School and

Tuition Reimbursemen

t is at Issue Produced by NICHCY, 2007

O ptions for Dispute Resolution

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