Due Process and Compliant Complain Procedure

ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCESS OPTIONS

When the parent expresses dissatisfaction with what the district proposes or is providing, the district provides an Alternative Dispute Resolution (ADR) Mediator who has been trained by the SELPA. Once contacted, the ADR Mediator calls both parties to determine what the issues are. Both the district and the parents will have the chance to describe the situation from their point of view, and then the ADR Mediator may suggest that one of the options listed below be tried:

• Phone Mediation - Phone mediation is the first level of response that ADR can employ. Following the identification of the parties’ issues and interests, the ADR Mediator will coordinate communication between the parties and facilitate resolution over the telephone.
• Facilitated IEP/IFSP - The ADR Mediator works with disputing parties to structure the IEP/IFSP and facilitates the meeting. Parents or school staff may request that an ADR Mediator facilitate an IEP/IFSP meeting if a meeting is expected to be difficult. The ADR Mediator uses specific techniques designed to assist the parties in completing the IEP/IFSP while maintaining good relationships.
• Conference-style Mediation - The ADR Mediator organizes, facilitates, and conducts a meeting to resolve the differences between the parent(s) and the school district. During this process, each party has a chance to state his/her position, share concerns, and listen to the other party’s position. The ADR Mediator assist the parties in reaching a mutually agreed upon resolution.

IF DISTRICT LEVEL INFORMAL ADR IS NOT SUCCESSFUL

If the issue or issues are not resolved at the District ADR Informal Level, then the next step for resolution would involve the filing of an official complaint or a request for a Mediation and Due Process Hearing. These processes revolve around the specific issue: either a perceived failure to implement a law (Complaint) or a disagreement between the parents and the education agency regarding assessment, identification, or placement of a child (Request for Mediation and Due Process). While a complaint is filed and then investigated, a request for a Mediation and Due Process Hearing involves another more formal resolution process, which will involve a SELPA level Mediator. See below for procedures depending on the type of issue.

FILING OF A COMPLAINT

A complaint alleges that there has been a failure to implement a federal or state special education law or regulation by a public education agency. Public education agency means a district, special education local plan area (SELPA), county office, or any public agency providing special education or related services to students. The complaint process is available for any child who has been referred, assessed, or identified for special education services.

PERSONS WHO MAY FILE A COMPLAINT

Anyone who believes that there has been a violation of special education law or regulations may file a complaint. This includes parents, school staff, organizations, and other interested parties.

REQUIRED INFORMATION IN THE COMPLAINT

The complaint should describe the problem and include all the information needed to support the allegation or complaint.
WHERE TO SEND COMPLAINTS (See form at end of this section.)