Dispute Resolution Project

Minnesota Due Process Options - Resolving Differences Through the Special Education Process

* - General Information only; please call PACER Center or the Minnesota Department of Education for further information

PACER encourages families to try to resolve differences by first sharing their concerns with their Individualized Education Program (IEP) case manager and/or the school district’s director of special education. If differences are not resolved at that level, and depending on which option is chosen.

Parents May Contact the Following in Writing:
For Conciliation, Mediation, Facilitated IEP Meeting:	For State Complaint or Due Process Hearing Request:	For Minnesota, Section 504 Complaint:
send written request to the district director of special education and building principal	send a copy of your complaint or request for hearing to the district director of special education and to: Due Process Supervisor Minnesota Department of Education Division of Compliance and Assistance 1500 Highway 36 West Roseville, MN 55113-4266 Voice: (651) 582-8689 Fax: (651) 582-8725 www.education.state.mn.us	send written request to: *Office for Civil Rights-Chicago* U.S. Department of Education Citigroup Center 500 W. Madison Street, Suite 1475 Chicago, IL 60661 Voice: (312) 730-1560, (877) 521-2172 Fax: (312) 730-1576 TDD: (312) 730-1609

Minnesota Due Process Options
Options	Conciliation Required if parent requests	Mediation Voluntary for both parties	Facilitated Individualized Education Program Voluntary for both parties	State Complaint	Section 504 Complaint	Due Process Hearing Required if either party requests
Issues	Parent-school disagreement regarding identification, evaluation, placement, or services	Parent-school disagreement regarding identification, evaluation, placement, services, or other matters	Parent-school unable to develop an acceptable Individualized Education Program (IEP)	Claim that district is not following law or regulation	Claim of discrimination based on disability	Parent-school disagreement regarding identification, evaluation, placement, or services
Who is usually involved	Director of special education, district staff, parent(s)	Mediator, district staff, parent(s), and others each may choose	IEP team and facilitator	Parent(s), organization or any citizen; Minnesota Department of Education, Division of Compliance and Assistance	Parent(s), organization, or any citizen; local 504 Officer, Office for Civil Rights (Region V Chicago)	Hearing officer, parent(s), district staff, expert witnesses, attorneys
Decision maker(s)	Parent(s) and district	Parent(s) and district	IEP team with support from facilitator	Minnesota Department of Education, Division of Compliance and Assistance	Office for Civil Rights (Region V Chicago)	Hearing officer If appealed: hearing review officer
Timeline	From receipt of request: set up within 10 calendar days memo five school days after final conference	Must be scheduled in a timely manner	Must be scheduled in a timely manner	File within one year of violation; final decision 60 calendar days from filing in most cases	File within 180 calendar days of violation	File within two years of the alleged violation
Cost: parent pays	None	None	None	None	None	Parent(s): attorney fees, expert witnesses (if needed) If parents prevail, they may recover attorney’s fees.

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Minnesota Due Process Options - Resolving Differences Through the Special Education Process