DISPUTE RESOLUTION
In Colorado, parents and school districts can resolve disagreements about Individualized Education Programs (IEPs) through various dispute resolution methods, including informal approaches, mediation, and formal due process hearings. These options allow parties to address concerns and potentially reach agreements outside of a formal legal setting.
Informal Resolution:
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Parents can initially request an IEP meeting to discuss concerns with the IEP team and attempt to resolve the issue collaboratively.
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Parents can also communicate with the school district's Director of Special Education or other relevant personnel to express concerns and seek solutions.
Alternative Dispute Resolution (ADR):
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The Colorado Department of Education (CDE) offers facilitated IEP meetings where a neutral facilitator helps the IEP team work through disagreements and develop the IEP.
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Mediation is a voluntary process where a neutral mediator helps the parent and school district reach a mutually agreeable solution. Both parties must agree to participate, and any agreement reached through mediation is legally binding.
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Special Education Facilitation:
This process, also offered by the CDE, involves a trained facilitator helping parents and school staff navigate the IEP development process, particularly when there are disagreements.
Formal Dispute Resolution:
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If informal or ADR methods are unsuccessful, parents can file a due process complaint with the CDE, alleging violations of the Individuals with Disabilities Education Act (IDEA) or the Colorado Exceptional Children's Educational Act (ECEA)
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Parents can also file a state complaint with the CDE if they believe the school district has violated state special education regulations.
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Office of Civil Rights (OCR) Complaint:
If the dispute involves issues of discrimination based on disability, parents may also file a complaint with the Office of Civil Rights.
Important Considerations:
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Time Limits:
There are specific time limits for filing due process complaints and OCR complaints, so it's crucial to be aware of these deadlines.
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Legal Counsel:
Parents may choose to seek legal counsel or advocacy services to assist them in navigating the dispute resolution process.
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Confidentiality:
Mediation discussions are confidential, and any agreements reached are legally binding.
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Preservation of Rights:
Parents retain all their procedural safeguards throughout the dispute resolution process, including the right to appeal decisions.
To lean more about Dispute Resolution Options, click the buttons below to be taken directly to the Colorado Department of Education (CDE) webpage and Dispute Resolution (DR) Comparison PDFs in English and Spanish resources.