Dispute Resolution
When parents and the school disagree, their recourse is a due process hearing before a hearing official. Parents must request the hearing in writing to the state education agency. At this point, parents are given the option of pursuing mediation, first.

Mediation can be a cost-saving, informal form of dispute resolution in which the state provides an impartial mediator to hear both sides. Both sides have a right to pursue mediation, but both sides also have the right to refuse mediation and pursue the due process immediately. Mediation may not be used to “stall” or delay the parents in seeking a due process hearing.

The due process hearing is one of your key rights under IDEA. More formal than mediation, it allows you to make your case by providing documents, presenting witnesses, and cross-examining the other side’s witnesses. By this point in your dispute, it is important to contact a lawyer experienced in IDEA cases. Federal law provides reimbursement for attorney’s fees when you win your case, and legal representation ensures the efficient, trouble-free resolution of the hearing process.

Unfortunately, the due process hearing does not always result in a decision that adequately provides for your child. The next step would be to pursue an administrative appeal to the state education agency. When this leads to frustration as well, it’s time to pursue your case in court. With an educational dispute lawyer on your side, you and your child have the best chance of getting the results, the compensation, and the education you deserve.

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