Dispute Resolution

Dispute Resolution Options

We offer three options under the Individuals with Disabilities Education Act for resolving disputes related to special education: mediation, state complaints, and due process complaints. Click on a button below for more information on each option.

Mediation

State Complaints

Due Process Complaints

Compare Dispute Resolution Options

Parent and Child Rights in Special Education

The Procedural Safeguards Notice explains the rights of a parent of a student with a disability and the procedures that protect those rights under state and federal special education law, including the Exceptional Children's Educational Act (ECEA) and the Individuals with Disabilities Education Act (IDEA).

ECEA and IDEA require that a school district, a board of cooperative educational services (BOCES), or a State Operated Program provide the Procedural Safeguards Notice to parents at least once per year and on the following occasions: upon initial referral or on request for evaluation; upon receipt of the first state complaint and upon receipt of the first due process complaint in a school year; upon a disciplinary change of placement; or upon parent request. With parental agreement, a public agency can provide a parent an electronic copy of the procedural safeguards notice (e.g., through email) instead of a paper copy.

Procedural safeguards Notice - English (PDF

Aviso de garantías de procedimiento español (PDF)

Helpful Resources

• Questions and Answers on IDEA Part B Dispute Resolution Procedure (Office of Special Education and Rehabilitative Services) (PDF)
• 2nd Edition of the OSEP Glossary of Spanish Translations of Common IDEA Terms (SPAN Parent Advocacy Network) (PDF)
• Working Together Series - Free Interactive Courses to Promote Effective Collaboration between Parents and Schools (The Center for Appropriate Dispute Resolution in Education) (External Link)
• OSERS FAQ: The Rights of Students with Disabilities in Public Charter Schools under the IDEA (PDF)
• OCR FAQ: The Rights of Students with Disabilities in Public Charter Schools under Section 504 of the Rehabilitation Act of 1973 (PDF)
• Out from the Shadows: Informal Removal of Children with Disabilities from Public Schools (NDRN) (PDF)
• OCR: Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 (PDF)
  • OCR Fact Sheet: Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline Under Section 504 of the Rehabilitation Act of 1973 (PDF)
• OSERS: Dear Colleague Letter on Implementation of IDEA Discipline Provisions (PDF)
  • OSERS Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions (PDF)
  • OSERS Positive, Proactive Approaches to Supporting the Needs of Children with Disabilities: A Guide for Stakeholders (PDF)
• OSEP Question and Answer Regarding IDEA Dispute Resolution Procedures from June 22, 2020 (PDF)
• OSEP Question and Answer Regarding Procedural Safeguards from June 30, 2020 (PDF)
• OCR Question and Answer for K-12 Regarding COVID-19 from September 28, 2020 (PDF)
• OSERS and OCR Long COVID under Section 504 and the IDEA: A Resource to Support Children, Students, Educators, Schools, Service Providers, and Families from July 26, 2021 (PDF)
• OSEP Question and Answer: Return to School Roadmap - Child Find Under Part B of the IDEA from August 24, 2021 (PDF)
• OSEP Question and Answer: Return to School Roadmap - IEP Development and Implementation from September 30, 2021 (PDF)