Resolving Disagreements & Due Process

The final step in the special education process under the I.D.E.A.

Apr 26, 2025

The final step in the special education process is to work out any disagreements between the parent of a child with a disability and the school district. In general, there are four ways to resolve disagreements under the Individuals with Disabilities Education Act (I.D.E.A.):

Meeting with the School District
Mediation
Filing a State Complaint
Requesting a Due Process Hearing

Although we think about resolving disagreements as the last step, this can actually take place at any point in the special education process—referral/child find, evaluation, eligibility, IEP development, or IEP implementation.

The Legal Right to a Free Appropriate Public Education (FAPE)

When parents and school districts disagree, it is often (but not always) about a school district’s decision, action, or inaction. This disagreement can be incredibly emotional, especially if a parent is worried that their child is struggling and not receiving the supports they need.

Under the I.D.E.A., every child with a disability that impacts learning has the right to a “free appropriate public education” (often called a “FAPE”). This means that the child’s special education program should allow them to make “appropriately ambitious” progress and work towards “challenging” goals given their unique learning needs.

So when a disagreement comes up between the parent and school district, the key legal question is: Did the questionable decision, action, or inaction prevent the child from receiving a free appropriate public education? If the answer is yes, then the child might have a right to services and/or supports to try to fix the legal violation. These supports and services are wide ranging and called “remedies,” which we will discuss in more depth down the road.

Choosing How to Resolve a Disagreement

Before diving into the four ways to resolve disagreements under the I.D.E.A., I want to quickly note that there is no one “right” way to resolve a dispute. The I.D.E.A. gives parents different tools that they can use to raise concerns, but what works well for one family might not be the best fit for another.

For example, some parents might not feel comfortable going through a formal process with the school, while others might really want the chance to speak in front of someone like a judge who can make a decision about the disagreement. Ultimately, the best option depends on the individual parent and it is important to remember that just because a dispute can be resolved in a certain way, does not mean that is the right fit for everyone.

Note: Parents and school districts can try to resolve disagreements using multiple methods. Sometimes this is not possible—such as when a hearing officer has already made a final decision. But in many cases, even if a parent tries mediation or has a meeting with the school that does not resolve the issue, they can still ask for a due process hearing later on.

The Four Ways to Resolve Disagreements Under the I.D.E.A.

In general, there are four ways to raise concerns and resolve disagreements:

Meeting with the School District
Mediation
Filing a State Complaint
Requesting a Due Process Hearing

Let’s take a look at each of these options in more depth.

(1) Meeting with the School District

What Does it Mean to Meet with the School District?

A parent can ask to meet with the school district to talk about their child’s special education needs. This is a less formal approach to resolving disagreements and involves the parent and school district coming together to discuss any concerns and creating a plan to address those concerns.

Process and Timelines

In general, a parent can request to meet with the school district at any time. It can be helpful to make this request in writing (if possible) so that everyone is on the same page about timing (this also creates a paper trail documenting communication). It is important to note in the request what the parent would like to discuss, because the topic might impact certain timelines and requirements relating to who should attend the meeting.

Possible Benefits and Downsides

If the parent and school district have a positive working relationship, meeting to resolve any concerns can be a great option. Some possible benefits include resolving issues quickly, maintaining a collaborative relationship, and overall comfort for a parent who may feel hesitant about a more adversarial setting.

That said, there can be some drawbacks to trying to resolve disagreements in an informal meeting. For example, if the parent and school district cannot resolve the issue, the parent might try a different approach later on. Even if a later approach is successful, the parent may feel that the delay took up valuable time and resources.

Note: Some states provide an option for “facilitated IEP meetings.” A facilitated meeting is still a meeting between the parent and school district. The main difference is that the meeting is run by a third party who manages the discussion and works to keep the focus on the child’s special education program.

(2) Mediation

What is Mediation?

Under the I.D.E.A., states must make sure that parents and school districts have the option to resolve disputes through a process called mediation. Mediation is when the parent and school district come together to express concerns, discuss goals, and work to resolve their disagreement. This discussion is facilitated by a trained professional called a “mediator” who is a neutral third party. The mediator’s role is to listen to both sides and try to help the parties reach some kind of a resolution (though this does not always happen).

Process and Timelines

Mediation is a voluntary process (both sides must agree to attend) and can be done in-person or remotely. The mediator might put the parent and school district in different rooms (physical or remote) and go back and forth between the parties to listen and relay the other’s thoughts. The mediator might also decide to keep the parties together in one room.

Under I.D.E.A., states must develop procedures to make sure that mediation is:

Voluntary
Not used to delay or deny a parent their right to a due process hearing
Not used to deny a parent of other legal rights under the I.D.E.A.
Conducted by a trained, impartial mediator
Provided at no cost to the parent (the state covers the cost)
Make sure that if an agreement is reached, it is put in writing and signed by both parties

Importantly, discussions that take place during mediation must remain private. This means that anything said during the mediation cannot be used against either side if the issue goes to a due process hearing or another civil proceeding in the future.

Possible Benefits and Downsides

Mediation can help resolve a disagreement without needing to go through a formal, court-like process. This can save time and money because the issue may be resolved more quickly. Mediation can help preserve relationships between the parent and the school district and be less adversarial than other options.

If the parent and school district reach an agreement, this will be put in writing. If one side does not follow the agreement, the other can ask a judge to make sure it is enforced. That said, mediation does not always result in an agreement. If the parties do not reach an agreement they may feel that valuable time and energy was spent that could have gone towards another method of resolving the issue.

(3) Filing a State Complaint

What is a State Complaint?

Under the I.D.E.A., states must create a system that allows people and organizations to raise concerns (in writing) about special education matters. This written concern is called a “complaint” and essentially asks the state to investigate a possible violation under special education law.

Unlike the other ways to resolve disagreements, a state complaint can be filed by any person or organization (not just the parent or school district). This means that if a pediatrician has concerns about a child’s special education program, or if an organization that works with children is worried about a school district’s actions relating to special education, they can ask the state to investigate.

Process and Timelines

In general, a person or organization must submit a state complaint within one year of the alleged special education problem. For example, if a healthcare provider is worried that a school district is not providing necessary interpreters at IEP meetings (which violates parents’ rights under the I.D.E.A.), the provider has one year from the alleged violation to file a complaint asking the state to investigate.

Note: States can create a longer timeline, allowing people and organizations to file complaints about concerns that happened more than one year ago, but cannot require a shorter timeline.

After the state complaint is filed, the state has 60 calendar days to:

Investigate the concern,
Give the person or organization that filed the complaint an opportunity to provide additional information,
Give the school district a chance to respond to the complaint, and
Provide a written decision about whether the I.D.E.A. was violated.

Every state must provide “model forms” that can be used to write the complaint. Although these forms may look different depending on the state, the form must include the following information:

Statement that a public agency (often the department of education) violated part of the I.D.E.A.,
Facts relating to the violation,
Contact information and signature of person filing the complaint,
Statement that the allegation happened in the last year (though some states might have longer timelines), and
If the complaint is about a certain child’s rights being violated, it must include:
- Child’s name
- Child’s home address
- Child’s current school
- Facts relating to the potential violation
- Proposed resolution to fix the violation

Note: If the child is experiencing homelessness, the complaint must include the child’s available contact information, and the name of the child’s school.

A person or organization is not required to use the “model form.” As long as the complaint includes the required information, it can be sent to the state to investigate. When the complaint has been filed, a copy must also be sent to the school district.

Possible Benefits and Downsides

The benefits and downsides of the state complaint process depend on what a person or organization hopes to achieve. One significant benefit to this process is that anyone can file a complaint about a special education issue—not just parents or school districts. This includes healthcare providers, community groups, and others.

That said, for parents who feel strongly about sharing their story and concerns in front of a neutral third person, waiting for a decision without a chance to be heard in-person might be a drawback.

(4) Requesting a Due Process Hearing

What is Due Process?

The I.D.E.A. also gives parents and school districts the option to resolve disagreements through a more formal series of steps called “due process.” This includes filing a “due process complaint” (or “complaint”) about any concerns, and going to a trial-like event called a “due process hearing” (or “hearing”).

It is important to note that just because a parent or school district files a due process complaint, does not mean the issue will definitely go to a hearing. There are multiple opportunities to resolve the disagreement before the hearing even happens.

Process and Timelines

The majority of due process complaints are filed by parents. Under the I.D.E.A., a parent or school district can file a due process complaint within two years of when they knew, or should have known, about the alleged special education violation (though some states provide a longer timeline). This timeline is called the “statute of limitations,” which we will talk about in much more depth in a later newsletter.

Note: This timeline can be confusing because a parent or school district might be able to file a complaint about something that happened more than two years ago if the parent did not know the violation was happening and did not have any reason to know it was happening. Again, we will dive into this in more depth down the road, for now it can be helpful to know that this timeline exists and can impact whether an issue can be raised and resolved through a due process hearing.

In general, we can think about due process as having seven steps: (1) a parent or school district files a complaint, (2) the other side responds to the complaint in writing, (3) a resolution session takes place, (4) the parent and district share documents with each other before the hearing, (5) the parent and district attend the hearing, (6) the hearing officer provides a written decision, and (7) if any party disagrees with the decision, they can appeal to another judge-like person.

Let’s take a brief look at each of these steps below:

(1) Complaint: The due process complaint must include the following information…
- Child’s name
- Child’s home address
- Child’s current school
- Facts relating to the potential violation
- Proposed resolution to fix the violation

Note: If the child is experiencing homelessness, the complaint must include the child’s available contact information, and the name of the child’s school.

Whoever files the due process complaint must also give a copy to the other party. It is important to note that states must also provide “model forms” for due process complaints. That said, similar to state complaints, there is no requirement to use the model form as long as the complaint includes the necessary information.

(2) Response: After the due process complaint is filed and the other side gets a copy, they have 10 days to reply to the issues brought up in the complaint.
(3) Resolution Session: In general, within 15 days of the parent filing the complaint and the district receiving it, the parties must meet to try to resolve the issue at a meeting called a resolution session. The parties can agree, in writing, to waive the resolution session.
(4) Sharing Documents Before Hearing: Under the I.D.E.A., each side must share any evidence (documents and information about any witness) that it plans to rely on during the hearing. This information must be shared at least five business days before the hearing takes place.
(5) Due Process Hearing: A due process hearing is a trial-like event where the parent and school district present their view of the alleged special education violation, introduce evidence and witnesses, and ask the hearing officer to resolve the disagreement a certain way. The hearing must be held at time and place that is convenient for the parent and can happen in one day or over the course of several days.
(6) Hearing Officer Decision: After the resolution period, the hearing officer has forty-five days to provide a written decision about the matter (though there are some exceptions when this timeline can be extended). This decision must be sent to both parties.
(7) Appeal: Either party can challenge the hearing officer’s decision. The process of challenging this decision is called an “appeal.” An appeal is when a party asks another judge-like person to review the hearing officer’s decision and reach a different conclusion. The appeal process will look different depending on the state.

Note: Parents and school districts can reach a settlement (in writing), or decide to go to mediation even after they have filed a due process complaint. If the parties reach an agreement (and that agreement is in writing and signed by each party), the person that filed the complaint can “withdraw” it explaining that they have resolved the matter and do not wish to move forward with a hearing.

Possible Benefits and Downsides

The benefits and downsides of due process really depend on the family’s goals. Some parents feel strongly about the chance to tell their story and be heard by someone who can make a decision, like a hearing officer. If parents feel like communication with the school has broken down, they may not believe other options will help and might not want to wait, especially if their child is not getting the support they need.

On the other hand, some parents may want to stay away from due process altogether. They might worry it will create tension with the school, or they may not have the time or bandwidth to prepare for and go through a hearing at that time. This is why it is so important to understand each family’s goals, and to think about how those goals relate to the different ways to resolve a disagreement.

Working with an Advocate or Education Attorney

Navigating the many ways to resolve a dispute can be confusing, time-consuming, and require complex legal considerations. It is important to note that parents have the right to work with an advocate or education attorney—whether asking for general guidance or full representation about a special education issue.

Note: Sometimes it can be difficult to know where and how to find an advocate or attorney. Some legal aid organizations provide free legal representation in special education matters, while some attorneys offer “sliding scale” fees that adjust based on a family’s income. To find an advocate or attorney that meets your needs (if desired), a helpful starting place is the Council of Parent Attorneys and Advocates (COPAA). COPAA provides a detailed directory of attorneys and advocates across the country who may be able to support parents navigating the special education process.

Key Takeaways

There is so much to consider when thinking about how to resolve a special education disagreement. As a quick reminder, although the I.D.E.A. applies to every state, some states provide slightly different timelines or additional procedures. This is why it can be helpful to speak with a legal expert or contact your department of education to better understand the exact process in any region. With that in mind, below are a few key takeaways to consider when resolving disagreements:

Sometimes parents and school districts disagree about an issue relating to a child’s special education needs
Under the I.D.E.A., there are four main ways to resolve disagreements:
- Meeting with the school district
- Mediation
- Filing a state complaint
- Requesting a due process hearing
There is no one “right” way to resolve a disagreement between the parent ands school district–what works for one family might not work for another
Meeting: The first way to resolve a disagreement is for the parent and school district to have a meeting…
- A parent can request a meeting with the school district at any time
- It is helpful to make this request in writing and let the school know what the parent wants to discuss (generally)
- Making the request in writing creates a paper trail
- This is the most informal way to try to resolve a disagreement
- Some states offer “facilitated IEP meetings” that are run by a neutral third party
Mediation: The second way to resolve a disagreement is through mediation…
- Under the I.D.E.A., state must have procedures that allow parents and school districts to resolve disagreements through mediation
- Mediation is completely voluntary and facilitated by a trained mediator
- Mediation can be in-person or remote
- The state covers the cost of mediation
- If the parties reach an agreement it must be put in writing and signed by both sides
- Mediation cannot be used to delay or deny a parent of any rights under the I.D.E.A.
- Any discussion that happens during a mediation is private and cannot be used against the parent or school district if the issue goes to hearing
- Mediation does not always result in an agreement
State Complaint: The third way to resolve a disagreement is by filing a state complaint…
- Under the I.D.E.A., states must have a system that allows any person or organization (not just parent or school district) to raise concerns about a special education violation
- A person or organization must submit a state complaint within one year of when the alleged violation happened
- After the state complaint is filed, the state has sixty days to investigate, gather more information, and provide a written decision about whether the I.D.E.A. was violated
- States must provide “model forms” that can be used to write the complaint, but cannot require that these forms are used
- Complaints must include specific information outlined by the I.D.E.A. and its regulations
Due Process Hearing: The fourth way to resolve a disagreement is to request a due process hearing…
- The I.D.E.A. gives parents and school districts the option to resolve disagreements through a formal series of steps called “due process”
- Due process generally includes seven steps: filing a complaint, responding to a complaint, attending a resolution session, sharing evidence, attending a hearing, the hearing officer’s written decision, and an (optional) appeal
- The complaint must include specific information outlined by the I.D.E.A. and its regulations
- The other party has ten days to provide a written response to issues brought up in the complaint
- After the complaint is filed, the parties try to resolve the dispute at a resolution session
- Parties can choose to waive the resolution session and move forward with the hearing
- Parties must share any documents and information about witnesses that they plan to use during the hearing within five business days of the hearing
- A due process hearing is a trial-like process in front of a “hearing officer” (who is similar to a judge)
- The hearing officer must provide a written decision about the disagreement
- Either party can challenge the hearing officer’s decision through a process called an “appeal”
- Parents and school districts can agree to settle the dispute by writing/signing a settlement agreement while due process is playing out
Parents can work with an advocate or education attorney to help resolve a disagreement with the school district
Some legal aid organizations provide free legal representation, and some attorneys provide a “sliding scale” fee
If a parent is interested in speaking with an advocate or attorney, they may be able to use the COPAA directory to find the support they need

As always, thank you all so much for everything you do on behalf of children with disabilities every day. I hope everyone has a wonderful weekend and I look forward to connecting next week.

All the very best

Ashley