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 specific part of the school’s proposal in a Prior Written Notice (PWN), you can ask in writing for a meeting to resolve your concern. This meeting only needs to include the members of the IEP team related to the issue where there is disagreement.

• Conciliation conference: Another option if you disagree more broadly with a school’s proposal in a PWN is to ask in writing for a conciliation conference. The school must hold this meeting within 10 days of receiving your request. A conciliation conference is an additional meeting with the parent, district decision maker, and other relevant school staff to try and resolve the issue. After the meeting, the school must give you a memo that describes their final proposed services.

• Facilitated team meeting: If the IEP or IFSP team is struggling to write a plan 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 school 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 may be held. An impartial hearing officer will oversee the due process hearing and make a decision that can be enforced by law.