The Individuals with Disabilities Education Act (IDEA) requires states to have a formal process for parents and districts to resolve special education related disputes. We offer facilitation and mediation of special education meetings, as well as overseeing the state administrative complaints and due process hearings systems. For more information about the Dispute Resolution processes, please reference the Special Education Manual.
- Conflict provides opportunities
- Perceptions of neutrality, fairness, and honesty are the currency of the office
- Everyone deserves to be heard and understood
- Conflict should be resolved at the lowest level appropriate
- Good outcomes are child-centered and IDEA compliant
MENU OF SERVICES
The list below is a menu of available dispute resolution services. Each is a stand-alone service that can be requested either individually or in combination with any of the other available services.
Facilitation is a process offered to help special education teams reach agreements and decisions related to students' individual education programs. Individualized Education Plan (IEP) team meetings, and other special education team meetings, may benefit from skilled and capable facilitators who can assist the team in working together. The facilitator is neutral, is not a member of the team, and makes no decisions for the team. The facilitator is knowledgeable about special education, skilled at running effective meetings, and adept at managing challenging issues that may arise when teams disagree. There is no charge for facilitation to either the district or the parent. To request facilitation, contact SDE Dispute Resolution.
Mediation is a voluntary process where a State Department of Education (SDE) trained neutral and third-party provides a structure for parents/adult students and district personnel to identify points of agreement. They work to resolve points of disagreement concerning the identification, evaluation, educational placement, or provision of free appropriate public education (FAPE). Mediation aims to build positive working relationships, encourages mutual understanding, and helps the parties focus on their common interest – the student. There is no charge for mediation to either the district or the parent. To request mediation, contact SDE Dispute Resolution.
State administrative complaints can be filed by any individual or organization alleging any violation of the Individuals with Disabilities Education Act, Part B (IDEA) including an alleged failure to comply with a previous due process hearing decision. State complaint procedures are outlined in IDEA regulations requiring that, in part, a complaint must allege a violation that occurred no more than one year prior to the date the complaint has been received.
- personnel issues or assignments,
- teaching/instructional methodology,
- parental access to the campus, or
- Other local matters of concern.
These types of issues may be reported the Idaho Professional Standards Commission.
Additionally, please note that the special education complaints process also cannot address concerns related to:
- harassment, or
A due process hearing request involves an allegation or a series of allegations filed with the SDE by either parent/adult student or the district on issues relating to the identification, evaluation, educational placement, and the provision of free appropriate public education (FAPE).
An expedited due process hearing is an administrative hearing to resolve disputes concerning discipline of a student with disabilities. An expedited due process hearing is a request to have an independent hearing officer review a disciplinary decision within twenty (20) school days, with a decision rendered within ten (10) days of the hearing.
- Dispute Resolution Comparison Chart - Reviewed January 2023
- Facilitation Parent Guide | (versión en español) - Reviewed January 2023
- Facilitation Quick Guide - Reviewed 2022
- Facilitation Request Form (Printable) | (versión en español) - Reviewed January 2023
- Mediation Parent Guide | (versión en español) - Reviewed January 2023
- Mediation Quick Guide - Reviewed 2022
- Mediation Request Form (Printable) | (versión en español) - Reviewed January 2023
State Administrative Complaint
- State Administrative Complaint Form (Print Only Version) | (versión en español) - January 2023
- State Administrative Complaint Quick Guide - Reviewed January 2023
- Procedural Safeguards Notice | (versión en español) - Reviewed January 2023
- Procedures for Resolving Complaints | (versión en español) - Reviewed 2021
Due Process Hearing
- Due Process Hearing Parent Guide | (versión en español) - Reveiwed January 2023
- Due Process Hearing Request Form (Printable) | (versión en español) - Reviewed January 2023
- Due Process Quick Guide - Reviewed January 2023
- Expedited Due Process Hearing - Discipline Related (Printable) | (versión en español) - Reviewed January 2023
For additional documents, click the appropriate + sign below to open a dropdown list.
Frequently Asked Questions
For answers, click the appropriate + sign below.
State Administrative Complaints
Expedited Due Process Hearings
Due Process Hearings
For Dispute Resolution training, please view the Idaho Training Clearinghouse.
- Collaborative Advocacy Guiding Principles
- The Center for Appropriate Dispute Resolution in Special Education (CADRE)
- Quick Guide to Special Education Dispute Resolution Processes (cadreworks.org)
- 10 Steps to SPED | 10 PASOS BÁSICOS EN
- Parents Guide to Facilitation
- Educational Advocates: A Guide for Parents
- The Parent Resources page on the Idaho Training Clearinghouse
- A page specifically for Families from the Center for Appropriate Dispute Resolutions in Special Education (CADRE)
- Steps to Success: Communicating with Your Child's School (cadreworks.org)
- Additional resources from the Center for Parent Information & Resources (CPIR)
- Definitions in IDEA | Definiciones claves en IDEA
- Dispute Resolution Options in IDEA | Cómo resolver disputas
- Due Process Complaints | Quejas de proceso legal debido
- Due Process Hearings | Audiencia de proceso legal debido
- IEP Team Meetings | Reuniones para desarrollar el IEP
- Mediation | Mediación
- Parent participation | Participación de los padres
- Parent participation | Participación de los padres
- Parent Rights | Derechos de los padres
- Procedural Safeguards | Subapartado E: Las garantías procesales
- Procedural safeguards in IDEA | Introducción a las garantías procesales
- Procedural Safeguards Notice | Derecho a recibir una explicación completa sobre todas las garantías procesales
- Resolution Period | Proceso de resolución
- State Complaint Process | Queja estatal
- Disability Rights Idaho
- Idaho Legal Aid Services
- Idaho Parents Unlimited, Inc. (IPUL)
- Idaho State Bar Association
- Wrightslaw Idaho Yellow Pages for Kids