Special Education Dispute Resolution

Updated June, 2024

What can I do to resolve a dispute with the school district?

Meet with the district, request mediation, make a complaint or file for a due process hearing.

While advocating for your student with a disability, you may find yourself disagreeing with the school district. Where possible, it is a good idea to try to solve the problem by talking with members of the IEP Team or other school district officials. If that approach doesn’t work, there are several methods for resolving disputes set up by law.

Formal complaint procedures, mediation, and due process hearings are available to parents and schools to resolve disputes about special education, including disagreements about:

The identification of a student as disabled
The evaluation of a student
The delivery of special education services
The educational placement of a child.

Complaints

There are two formal complaint processes available if there is a disagreement about the special education (IDEA or 504) program of a student.

Special Education Community Complaint to the Washington State Office of the Superintendent of Public Instruction (OSPI).

What is a Special Education Community Complaint?

A Special Education Community Complaint, formerly called a Citizen Complaint, is a way to have disagreements between students and districts resolved by an outside agency. Community complaints should be filed with the Office of the Superintendent of Public Instruction (OSPI) when someone believes that an educational entity (including the state, a school district, or a public or private school) has violated the requirements of IDEA or state special education regulations.

Who can file a Special Education Community Complaint?

Any person or organization can register a complaint with the Office of the Superintendent of Public Instruction.

What are the requirements of the Special Education Community Complaint?

The complaint must:

Be in writing
Be signed by the person making the complaint
Include a statement that the educational entity has violated special education law within the last year
State the facts of the violation
- List the name and address of the person making the complaint and
- List the name and address of the educational entity.

If the complaint is about a specific student, the complaint must also include:

- The name of the student
- The name of the student’s school district
- A description of the issue impacting student
- A proposed resolution of the problem.

Where to find the Community Complaint form?

OSPI has created an optional form for you to use when filing a Special Education Community Complaint. The form is available at: https://ospi.k12.wa.us/student-success/special-education/dispute-resolution/file-community-complaint

Where can you make an impact?

When you make a community complaint, be sure to watch the timelines carefully. If OSPI or the educational entity fails to act within the appropriate time frame, you have grounds for another complaint.

Be sure to include relevant school records with numbered pages with your complaint so that the records are easier to refer to.

What happens after the Special Education Community Complaint is filed?

Once OSPI receives the complaint, it must send a copy of the complaint to the school district. Within 20 calendar days of receipt of the complaint, the school district must investigate the complaint and respond in writing to OSPI. OSPI will send you a copy of the school district’s response. You then have the option of submitting additional information about the complaint.

Within 60 calendar days, OSPI must make an independent, written decision as to whether the educational entity is violating federal or state special education law. The decision must include findings of fact and reasonable steps necessary to resolve the complaint. This timeline can be extended if:

1) exceptional circumstances exist related to the complaint or

2) the complainant and educational entity agree in writing to extend the timeline to use mediation or another dispute resolution method.

The school district then must comply with the timelines established in OSPI’s written decision to complete any recommended corrective action. If the school district does not follow through, OSPI can withhold funding to the district or order other resolutions.

If it is decided the school district failed to provide appropriate services to a student with disabilities, OSPI must:

Decide how the school district should make up for the denial of services, including paying money or taking some other corrective action to address the needs of the student
Address the future provision of services for all students with disabilities.

Where can I find more information about OSPI’s community complaint?

https://ospi.k12.wa.us/student-success/special-education/dispute-resolution/file-community-complaint

Civil Rights Complaint to the United States Office of Civil Rights for the Department of Education

What is a civil rights complaint?

Section 504 is an anti-discrimination law that aims to eliminate discrimination based on disability in all programs receiving federal funds. Because public schools and districts receive federal money, they are subject to Section 504 requirements.

The U.S. Office for Civil Rights (OCR) for the U.S. Department of Education enforces the protections of Section 504 and is responsible for investigating complaints.

Who can file a civil rights complaint?

Anyone can file a complaint with the U.S. Office of Civil Rights whenever a student with disabilities does not receive educational benefit from a program that is comparable to the benefit received by non-disabled peers. An example is when a student with a behavioral disability is told he or she cannot go on field trips and must stay in the principal’s office while the rest of the class is on the field trip. OCR complaints can also include access issues, such as the lack of a ramp for a child in a wheelchair or a district’s failure to provide accommodations or services that should be or are included in a student’s 504 plan.

What are the requirements of a civil rights complaint?

A civil rights complaint must be filed within 180 calendar days (6 months) of the date of the discrimination. The complaint should include:

► The name, address and phone number of the person filing it

► The name, address and phone number of the person(s) discriminated against

► The name and address of the school, district, or person that discriminated

► The basis of discrimination (race, disability, national origin, etc.)

► When and where the discrimination took place

► The facts of the discrimination and

► Copies of written materials, data, or other documents that support the complaint.

Where to file an OCR Civil Right Complaint?

To file a complaint with OCR, you can use the electronic complaint form found at: https://www2.ed.gov/about/offices/list/ocr/complaintintro.html

or complete a fillable form at: https://www2.ed.gov/about/offices/list/ocr/complaintform.pdf

Whether you choose to complete the fillable form or write your own letter, you can send your complaint by email at OCR.Seattle@ed.gov or by fax to (206)607-1601. You can also send your complaint by email to:

Office for Civil Rights

U.S. Department of Education

915 2nd Avenue #3310

Seattle, WA 981074-1099.

What happens after the civil rights complaint is filed?

OCR reviews information in the complaint and decides whether or not the complaint will be processed further. It must determine if it has the authority to investigate the complaint and whether or not the complaint has been submitted in a timely manner. A complaint must be filed within 180 days following the date of the alleged act of discrimination.

OCR will ask you to sign a consent form as part of the process. OCR will contact you by email or phone if this form isn’t received by the 15th day of when you were asked to sign and let you know that you have 5 more days to sign the form. You may also be asked to provide additional information. If more information is needed, OCR must provide you at least 20 days to provide the requested information.

After OCR finishes its investigation, both you and the district will receive a Letter of Findings which explains whether or not the evidence supports that a violation has occurred. If OCR finds that the district did not comply with the law, it will contact the district to see if the district is willing to enter into a voluntary resolution agreement. If the district does not agree to resolve the issue, OCR may take further action such as refer the case to the Department of Justice.

If you think a district is violating a student’s right to an appropriate educational experience, consider filing a complaint.

Mediation

What is mediation?

Mediation is a type of dispute resolution. Under IDEA, states are required to provide free mediation services to parents/guardians and school districts for the purpose of resolving conflicts about a student’s special education program.

The mediation process brings the school and parent or guardian together with a neutral third person—the mediator. The mediator meets with both sides to try to come to an acceptable agreement on the educational needs of the student. The process is voluntary, so both the parent or guardian and the school district have to agree to participate. Mediation can be an excellent way to improve services for a student, resolve conflict, and repair relationships between the school and the parent or guardian.

If mediation is successful, the parties sign a legally binding agreement stating the resolution. It is up to the school and parent or guardian to carry out the terms of the agreement. Once a mediation agreement is made, the mediator steps out of the picture and has no power to force either side to do anything. If a conflict comes up around the mediation agreement, the parent or guardian can seek enforcement in state or federal court. If a new or different conflict comes up, the parent or guardian or district can use all the forms of dispute resolution available under the law.

Requests for mediation should be made to Sound Options. You can make your request in writing or over the telephone. Either party can contact Sound Options and they will contact the other party. You can reach Sound Options at 1-800-692-2540.

Advocacy Tip

Agreeing to participate in mediation does not prevent you from asking for a due process hearing later. You can stop the mediation process at any time and still ask for a due process hearing. The only limitation is that at a later due process hearing the conversations that took place during the mediation process cannot be used as evidence. However, the written mediation agreement can be used as evidence.

Due Process Hearings

What is a due process hearing?

A due process hearing is a formal administrative proceeding, much like a trial. The parent or guardian and the school district each have the opportunity to present evidence and witnesses and to cross-examine the witnesses presented by the opposing side.

A hearing officer makes a written decision based on the facts and the law.

Do I need a lawyer for a due process hearing?

No, but you have a right to be represented by a lawyer if you wish.

The parent or guardian of a student with a disability can be advised or represented by a lawyer in a due process hearing. Having a lawyer is not required, and you can be successful in a hearing without one. Often it is a good idea to consult with a lawyer or another knowledgeable person to help request and prepare for the hearing.

How do I request a due process hearing?

Make the request in writing to Office of Administrative Hearings and notify the school district.

A request for a due process hearing must be made in writing and contain the following information:

The name and address of the student
The district and school a student attends
The district responsible for providing special education services if it is different from the district a student attends
An explanation of the parent’s concerns
Your suggestions for resolving the problem.

Mail or deliver a copy of your hearing request to:

Office of Administrative Hearings

P.O. Box 42489

Olympia, WA 98504

You must also provide the original hearing request to the school district by delivering or mailing it to the Superintendent of the school district. Don’t forget to keep a copy for yourself!

OSPI developed a due process hearing request form to help parents with requesting a due process hearing. This form is available at: https://ospi.k12.wa.us/student-success/special-education/dispute-resolution/request-due-process-hearing

What are the limitations for a hearing request?

The hearing request must address a violation or issue that occurred within the past two years. A due process hearing request can address a violation from more than two years ago if one of two conditions is met:

The parent was prevented from requesting a due process hearing within two years because the school district misrepresented that it had resolved the problem

The parent was prevented from requesting a due process hearing within two years because the school district withheld information it was required to share by law.

It is very important for a hearing request to discuss all the potential issues and concerns a parent has. Once the request is received, it can only be changed if the school district agrees in writing or if the hearing officer agrees it can be amended, and the timelines for the resolution session (see below) start again.

Also, under IDEA, only issues raised in the hearing request or in an amendment to the request can be addressed at the due process hearing unless the other party agrees. While you aren’t required to have a lawyer to request a due process hearing, it may be helpful to consult a lawyer when drafting the due process hearing request to make sure that all of your concerns are raised.

What happens after I submit a request for a due process hearing?

The school district must reply.

Within 10 calendar days of receiving the parent’s complaint, the school district must reply to it. The school district must explain why it took the action it did, what other options the IEP Team considered and why they were rejected, a description of the information the district relied on in making its decision and information on any other factors relevant to the district’s decision. The school district does not need to reply if it sent prior written notice to the parent about the subject matter in the complaint.

What is a resolution session?

A resolution session is a meeting that occurs after a due process hearing request has been made, but before a due process hearing.

Within 15 calendar days of receiving the due process hearing request from the parent, the school district must convene a meeting with the parent, relevant members of the IEP Team, and a representative of the school district that has decision making authority. The school district cannot bring an attorney to this meeting unless the parent has an attorney as well. The purpose of this meeting is to discuss the complaint and see whether the issue can be settled without a due process hearing.

If the parent and the school district come to an agreement at the resolution session, they must sign a legally binding agreement that is enforceable in court. Either the school district or the parent has three business days to change their mind and to cancel the agreement.

The resolution session must take place unless the parent and the school district both agree in writing to waive the meeting or agree to use mediation instead.

How long is the due process hearing process?

A school district has 30 calendar days from the time it receives the complaint to try and resolve the issue to the parent’s satisfaction through the resolution process. If the district does not do so within the 30 calendar days, the due processing hearing timelines begin. The hearing must be held and a decision reached within 45 calendar days.

The 30 calendar day resolution period is adjusted if one of the following events occurs:

Both parties agree in writing to waive the resolution session
After mediation or the resolution session, both parties agree in writing that no agreement is possible or
The parties had agreed to participate in mediation past the 30 day resolution session and one party withdraws from mediation. In those situations, the 45 calendar day timeline begins immediately.

The length of the hearing itself depends on what the issues are and how long each side thinks it will take to present its case.

The resolution session is very important. If a parent is unwilling to participate in the resolution session, the timelines for the resolution meeting and due process hearing are delayed until the meeting is held. In addition, a school district may ask a hearing officer after the end of the 30 day resolution period to dismiss the parent’s due process hearing request if the parent refuses to participate in the resolution meeting. On the flip side, if the school district fails to schedule a resolution meeting within 15 days of receiving the hearing request, the parent may ask the hearing officer to immediately begin the 45 day due process hearing timeline.

Due Process Hearing Timelines

Parent requests due process hearing in writing

District replies within 10 calendar days

District schedules resolution session within 15 calendar days, unless waived in writing

If the resolution session does not resolve the complaint within 30 calendar days, the due process hearing goes forward and a hearing decision is made within 45 calendar days

What is “stay put?” Where does my student go to school when I request a hearing?

Stay put is a term used in IDEA to describe where a student goes to school when a hearing is requested. If a hearing is requested, the student has a right to continue to receive their individualized education program in the same setting until the hearing is completed and a decision is made. There are some exceptions to stay put that apply when students with disabilities are disciplined.

What can a due process hearing accomplish for my student?

The district can be ordered to provide services, give the student compensatory education, and pay for the parent’s legal fees.

A due process hearing can help the student obtain appropriate services and make up for education that was lost due to the district’s failures. A hearing officer can help resolve disagreements about a student’s eligibility, the IEP, changes in educational settings, and evaluations and reevaluations.

The hearing officer can also order compensatory education, meaning the district must provide services to make up for time or opportunities missed because of the district’s failures. For example, the district might be ordered to pay for a student to participate in a community college course, provide tutoring in addition to the special education program, or make summer programs available, even though the student wouldn’t otherwise qualify for extended school year services.

Compensatory education requests ought to be related to the goals and objectives of the IEP. Be creative when asking for compensatory education services. Think about what a student likes to do (art, music, science, etc.) and suggest a program or services providing these experiences.

If you win at the hearing, the district may have to pay for the costs you incurred for the hearing and the fees that an attorney charged to represent you. Keep track of costs you’ve incurred preparing for the hearing.

Special Education Dispute Resolution