DISPUTE RESOLUTION

Options for Resolving Disputes

Differences of opinion may develop regarding evaluation, eligibility, placement, and the provision of free, appropriate public education (FAPE) for eligible infants and toddlers. IFSP teams should attempt to resolve differences between individuals with differing opinions.

If an IFSP team is unable to resolve differing opinions, the IFSP team should consider the following options:

• Consulting with other professionals, including AEA administrators
• Utilizing a facilitator in meetings when disagreements are anticipated
• Adjourning meeting to reconvene later with a facilitator
• Adjourning meeting to reconvene later with additional information and other approaches

When IFSP teams are not able to resolve their differences, IDEA and Iowa law outlines three process options available to parents which include:

• Mediation – may be used to resolve disputes involving any matter under IDEA. 
• Due Process Complaint – may be filed by the parent or public agency relating to the identification, evaluation or early intervention placement of a child with a disability, or the provision of early intervention services.
• State Complaint – may be filed by any individual or organization upon an allegation that a public agency has violated Part C of IDEA.

Parents receive information on these options, at least annually, in the Procedural Safeguards Manual, and they are also summarized in the Dispute Resolution Process Comparison Chart.  Parents have the right to exercise their rights to any of the dispute resolution processes described below, at any time.

Processes for Resolving Disagreements

The following processes have been established to aid parents and IFSP teams resolve disputes.

Mediation

This is a voluntary process designed to help parties identify mutually agreeable solutions with the assistance of a qualified and impartial mediator assigned by the Iowa Department of Education. Mediation (formerly referred to as a “pre-appeal”) may be requested at any time, regardless of whether the parties have initiated other dispute resolution processes or not. This process is often very successful in resolving disputes. When the parties reach an agreement, a legally binding agreement is written and signed by the parties. This agreement is enforceable in any state court of competent jurisdiction or in a district court of the United States.

Due Process Complaint (also known as “Request for Due Process Hearing”)

A due process complaint is a formal complaint regarding the identification, evaluation, early intervention placement, or the provision of early intervention services. A due process complaint may be filed by the parent, or agency involved in the child’s education. Attorneys are typically involved in this process. An administrative law judge is assigned by the Iowa Department of Education and is in charge of the due process hearing. A resolution meeting or mediation is required to take place before the hearing occurs, unless both parties agree otherwise in writing. A due process hearing most closely resembles going to court. During the hearing, both sides present their case. Upon hearing both sides and reviewing the submitted information, the administrative law judge will issue a decision. If a party disagrees with the decision, they may appeal it to state or federal district court; otherwise, the decision is final.

State Complaint

A state complaint (sometimes referred to as “Formal Written Complaint”) is different than the other previously mentioned processes. In this process, any individual or organization who believes a public agency has violated a requirement of the IDEA may file a signed complaint with the Iowa Department of Education. This complaint must be submitted in writing and must include a description of the problem, as well as a proposed resolution to the problem. The state will then carry out an independent investigation and issue a finding within 60 calendar days of receiving the complaint. If the agency is determined to be in violation of the law, the agency will be required to develop and implement a corrective action plan that must be completed within one year.

NOTE: Forms for requesting a Mediation, filing a Due Process Complaint, or filing a State Complaint can be found in the back of the Procedural Safeguards Manual for Parents and on the Iowa Department of Education’s Dispute Resolution web page.

Dispute Resolution Resources

​For more information on Dispute Resolution options, visit the Department of Education’s website to view a Dispute Resolution Process Comparison Chart and the Dispute Resolution Summary, or access the Procedural Safeguards Manual for Parents.