Dispute Resolution Options

When You and the School Don't Agree

Disagreements happen. Maybe the school is refusing to evaluate your child, or the IEP doesn't include the services your child needs, or the school isn't following through on what's already in the IEP. Whatever the situation, you have legal options — and the school is required to tell you about them.

There are three main ways to resolve disputes in special education: compliance complaints, mediation, and due process hearings. Each one works differently, and the best choice depends on your situation. Here's a plain-language breakdown of each option, so you can decide what makes sense for you.

Option 1: CDE Compliance Complaint

A compliance complaint is a letter you send to the California Department of Education (CDE) saying that the school violated special education law. This is often the best first step when the school has broken a clear rule — like missing a timeline or failing to provide a service that's written in the IEP.

When to use it:

• The school didn't provide the assessment plan within 15 calendar days
• The school isn't providing a service listed in the IEP
• The school held an IEP meeting without inviting you
• The school didn't give you Prior Written Notice when required

How it works:

1. You write a letter to the CDE describing the violation
2. The CDE investigates (they contact the school and review records)
3. The CDE issues a written decision within 60 calendar days
4. If the CDE finds a violation, they order the school to fix it — and the school must comply

What you need to know:

• It's free
• You don't need a lawyer
• You must file within one year of the violation
• The CDE can order the school to provide make-up services (called compensatory education)

Option 2: Mediation

Mediation is a meeting where you and the school sit down with a neutral mediator to try to work out your disagreement. The mediator doesn't take sides and doesn't make a decision — their job is to help both sides find a solution.

When to use it:

• You and the school are close to agreement but stuck on one or two issues
• You want to preserve a working relationship with the school
• You'd prefer a faster, less formal process than a hearing

How it works:

1. You request mediation through the Office of Administrative Hearings (OAH)
2. OAH assigns a trained, impartial mediator
3. You and the school meet (usually for a few hours) to discuss the issues
4. If you reach agreement, it's put in writing and becomes a legally binding contract
5. If you don't reach agreement, you can still file for due process

What you need to know:

• It's free
• It's voluntary — both sides must agree to participate
• It's confidential — what's said in mediation can't be used in a later hearing
• Mediation agreements are legally enforceable
• You can bring an advocate or attorney to mediation

Option 3: Due Process Hearing

A due process hearing is the most formal option. It's similar to a trial: both sides present evidence and testimony before an administrative law judge at the OAH, who issues a legally binding decision.

When to use it:

• The school has denied your child an evaluation, eligibility, services, or placement
• You've tried to resolve the issue informally and gotten nowhere
• The school is making a decision that could significantly harm your child's education
• You need a legally binding ruling

How it works:

1. You file a due process complaint with OAH describing the dispute
2. Within 15 days, the school must hold a "resolution session" — a meeting to try to resolve the complaint before going to hearing
3. If the resolution session doesn't work, the case moves forward to a hearing
4. The hearing is conducted within 45 days of the end of the resolution period
5. The judge issues a written decision

What you need to know:

• It's free to file
• You have the right to an attorney, but it's not required
• You must file within two years of the date you knew (or should have known) about the issue
• The judge's decision is legally binding and enforceable
• Either side can appeal the decision to state or federal court

Which Option Should You Choose?

| Situation | Best Option | |-----------|------------| | The school broke a clear rule or missed a deadline | Compliance complaint | | You and the school are close but need help reaching agreement | Mediation | | The school is denying services, placement, or eligibility and won't budge | Due process hearing | | The school isn't implementing the IEP | Compliance complaint (fastest path to make-up services) | | You want to preserve the relationship with the school | Mediation first |

You can use more than one option. For example, you might file a compliance complaint about a timeline violation while also requesting mediation to resolve a disagreement about services. And you can always file for due process if other options don't work.

What To Do Next

When to Get Professional Help

You have the right to handle any of these processes on your own. But consider reaching out to a special education advocate or attorney if:

• The school has hired an attorney for the IEP meeting or mediation
• Your child has been denied eligibility or services and you believe the decision is wrong
• You're considering due process and the issues are complex
• You feel overwhelmed and need someone in your corner

Many parent advocacy organizations in California provide free or low-cost support. You don't have to do this alone.