RESOLVING DIFFERENCES OF OPINION, DISAGREEMENTS, AND DISPUTES

Navigating Differences of Opinions

Parent Disagreement with an Evaluation

Right to a State Complaint and Due Process

AEA Mediation

Dispute Resolution Resources

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Navigating Differences of Opinion

Differences of opinion may develop among IEP team members regarding evaluation, eligibility, placement, and the provision of FAPE for an eligible student. If this occurs, IEP teams should attempt to resolve differing opinions with ongoing communication among IEP team members.

If the IEP team is not able to resolve the differing opinions, the IEP team should consider the following options:

Consulting with other professionals, including AEA and LEA 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

However, if the teams are unable to resolve matters, the parent(s) may request an Independent Educational Evaluation or exercise their right to Due Process.

Parent Disagreement with an Evaluation: Request for an Independent Educational Evaluation

A parent(s) has a right to an independent educational evaluation (IEE) at public expense if the parent(s) disagrees with an AEA evaluation (i.e., an evaluation carried out or obtained by the AEA). An IEE is an evaluation conducted by a qualified examiner who is not employed by the AEA or LEA responsible for the education of the learner in question. The criteria under which the IEE is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria which the AEA uses when it initiates an evaluation.

Upon request, the AEA will provide parent(s) with information about where an independent educational evaluation may be obtained. An AEA may ask the parents’ reason why they object to the public evaluation, however, parent(s) cannot be required to provide the explanation and the AEA may not unreasonably delay a decision regarding the request.

Procedures for Implementing the Independent Evaluation

The following recommended steps will help guide the AEA/LEA staff to complete the independent educational evaluation process.

Confirm that a full and individual evaluation or reevaluation has been completed and that the parent(s) disagree with the evaluation conclusions or recommendations.
Discuss the request with the AEA Special Education Director or designee.
Work with the IEP team to complete and submit the Independent Educational Evaluation Request Form to the AEA Special Education Director (or designee) for approval and signature.
Provide the IEP team and parent(s) with a copy of the completed form.
If necessary, obtain parental consent for the release/exchange of information with outside agencies.
Arrange for the evaluation to be completed. Typically, this might be done by the AEA Special Education Director (or designee) in consultation with the IEP team.
Following the completion of the IEE:
1. The IEP team will reconvene to review the results and to develop an IEP.
2. The AEA will reimburse the parent(s) for their expenses associated with the evaluation (e.g. travel, meals, lodging, etc.) consistent with AEA policies and procedures related to reimbursements.
3. The AEA will reimburse the agency or professional who conducted the independent educational evaluation following the receipt of the evaluation report to the AEA.

Additional information on the Independent Education Evaluations is available online on the Iowa Department of Education website - Independent Educational Evaluation FAQ (this document answers many common questions about independent educational evaluations for children under the IDEA).

Disputes: Right to Mediation, Due Process Complaint or State Complaint

If a parent is in disagreement with the proposed or refused action(s) outlined in Prior Written Notice provided by the LEA or AEA, IDEA and Iowa law provide the following dispute resolution options to address disagreements:

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 educational placement of a child with a disability, or the provision of FAPE to the child.
State Complaint - may be filed by any individual or organization upon an allegation that a public agency has violated Part B 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

Area Education Agency (AEA) Mediation

AEA mediation is a statewide mediation and conflict resolution process available through each of Iowa’s nine AEAs. Each AEA has AEA Mediation Coordinator(s) who have completed training to enhance their skills to address differences and resolve conflicts in a collaborative and timely manner.

An AEA Mediator may be involved:

To resolve conflicts and concerns involving general education, Section 504, special education, Early ACCESS, or any school-related issue
To act as a facilitator at an IEP meeting
To explore the dispute resolution options, including AEA mediation, due to a conflict
To facilitate a “resolution meeting” to resolve issues following a parent filing of a due process hearing notice to the district and AEA
To resolve conflicts between educators and parents, educators and educators, or any other employee hired by the district or AEA
To assist at any other type of meeting to serve as a facilitator when conflict may be anticipated

For additional information and resources on AEA mediation, visit the Iowa Department of Education website (dispute resolution section).