You may disagree with the school about what should be included in your child’s Individualized Education Program (IEP). It could be issues such as the services they will receive or how much time they will spend in a regular classroom.

If you cannot reach an agreement with the rest of the team during a regular IEP meeting, you have many dispute resolution options. Each has different rules for timelines and process.

Dispute resolution options

• Meeting with appropriate members of the IEP team: If you disagree with a small part of the school’s proposal in a Prior Written Notice (PWN), you can ask for a meeting to discuss that specific issue. This meeting only needs to include the members of the IEP team related to the item where there is disagreement.

• Conciliation conference: If you disagree more broadly with a school’s proposal in a PWN, you should object in writing. When you do this, the school is required to hold a conciliation conference. A conciliation conference is an additional meeting with the parent, district decision maker, and other school staff to try and resolve the issue.

• Facilitated team meeting: If the IEP team is struggling to write an IEP that everyone agrees with, you or the school can ask for a facilitated team meeting. This meeting includes an outside person who works with the team to find agreement through open and respectful communication.

• Mediation: Mediation may be the right choice if you and the rest of the IEP team are unable to communicate well and trust has broken down. A neutral mediator works with parents and school staff to find a resolution that everyone can accept. If an agreement is reached, you and the school will sign a legal document that is enforceable in court.

• Due process hearing: A due process hearing is the most formal dispute resolution process. Parents usually need advice from an attorney if they pursue this choice. The first step is filing a written due process complaint with the Minnesota Department of Education. The school district must then schedule a resolution meeting to try and address the issue. If an agreement is not reached, a due process hearing will be held. An impartial hearing officer will oversee the due process hearing and make a decision that can be enforced by law.