There are many ways to resolve a special education dispute. They range from informal to more formal. Knowing the best things to try and when to try them depends on what you have already tried and what the dispute is about. This is an overview of different options from informal to formal.
Stage 1: Many disputes or problems can be fixed with a phone call to the case manager. If the issue is still not fixed, ask for an IEP team meeting. It is important to keep a record of who you talk to, what you talk about or ask for, and what they say to you.
Note: if a student is not eligible for special education services, he or she does not have an IEP team. If the disagreement is about whether or not the student needs special education, that can be dealt with in informal meetings, alternative dispute resolutions, through complaints or due process hearings.
Stage 2: The second stage is more formal. Disputes can be addressed at a conciliation conference, mediation or a facilitated IEP team meeting. These are all voluntary and both parties must agree to them. Districts must offer these options to parents, but you can refuse any or all of them and go to an administrative complaint or due process hearing.
See http://education.state.mn.us/MDE/fam/sped/conf/ for a description of the differences and purposes of each option, including those addressed below.
Stage 3: The third stage is very formal. You go through an administrative complaint or an administrative due process hearing. These are not state or federal court actions, but are administrative proceedings that are serious. There are legal requirements that say a parent has to go through these options before going to a state or federal court.
Complaints typically take a shorter amount of time and lawyers are not usually involved. Complaints can address problems that happened up to 1 year ago.
Hearings take longer and lawyers are almost always involved. Hearings can address problems that happened up to 2 years ago as long as the student is still in the same school district. If a student moves to a new school district, charter school or private school, you may lose the right to get a hearing.
Both result in final, binding decisions and can be appealed in court. Complaints may only be appealed to the state appellate court. Due process hearing decisions can be appealed to the state appellate court or the federal district court.