Dispute Resolution
Parents of children with disabilities and certain other individuals can use mediation and/or the hearing process to resolve special education disputes. In
Resources in this Category
ALL Administrative Decisions Agency Rules & Procedures Court Decisions External Resources Practice Materials Other
Title  | Date | ||
|---|---|---|---|
 | 34 C.F.R. § 300, Subpart E. Procedural Safeguards. Subpart of the Code of Federal Regulations that describes due process procedures available to parents and children, including mediation and hearing procedures. 34 C.F.R. § 300.506-520 (2007) | 10/6/2008 | |
| | 603 C.M.R. § 28.08. Continuum of Options for Dispute Resolution. Section of the Massachusetts special education regulations that sets out the options for dispute resolution, including mediation and hearings. 603 C.M.R. § 28.08 (2007). | 10/6/2008 | |
| | Advisory Opinion Process. Document that explains the advisory opinion process, which is an optional dispute resolution process available to parties who have requested a due process hearing at the Bureau of Special Education Appeals. | 10/6/2008 | |
| | Decisions and Rulings of the Bureau of Special Education Appeals. Links to the decisions and rulings of the Bureau of Special Education Appeals issued from 1998-2008. | 10/6/2008 | |
| | Difference between the Department of Elementary and Secondary Education (ESE) and the Bureau of Special Education Appeals (BSEA). Chart that explains the differences between a state complaint filed through the ESE system and a due process complaint filed with the BSEA. Issued by the Massachusetts Department of Elementary & Secondary Education (2008). | 10/6/2008 | |
| | Due Process Hearings. Links to basic questions and issues regarding due process hearings at the Bureau of Special Education Appeals. | 10/6/2008 | |
| | Hearing Request Form. Form for requesting a hearing at the Massachusetts Bureau of Special Education Appeals. | 10/6/2008 | |
| | Hearing Rules for Special Education Appeals. Document containing the Massachusetts Bureau of Special Education Appeals due process hearing rules. | 10/6/2008 | |
| | IDEA 2004: Request for Hearing Notice and Opportunity for Resolution Session. Flowchart to determine steps to take when requesting a hearing, convening a resolution session, and challenging the sufficiency of notice. | 10/6/2008 | |
| | Procedural Safeguards: Mediation. Document that addresses the federal special education regulatory requirements regarding mediation. | 10/6/2008 | |
| | Procedural Safeguards: Resolution Meetings and Due Process Hearings. Document that addresses the federal special education regulatory requirements for resolution meetings and due process hearings. | 10/6/2008 | |
| | Program Quality Assurance Services: Compliance and Monitoring. Document that provides information on making complaints and asking questions about education-related laws, regulations, and policies to the Massachusetts Program Quality Services Department, which is the unit within the Massachusetts Department of Elementary and Secondary Education that manages the Problem Resolution System. | 10/6/2008 | |
| | Questions and Answers on OCR’s Complaint Process Flowchart to determine steps to take when requesting a hearing, convening a resolution session, and challenging the sufficiency of notice. | 10/6/2008 | |
| | Questions and Answers on Procedural Safeguards and Due Process Procedures. Document that addresses issues raised by the public regarding procedural safeguards under the federal special education regulations, including state complaint procedures, mediation and due process complaints. | 10/6/2008 | |
| | Special Education Mediation. Brochure that details the mediation process at the Bureau of Special Education Appeals. | 10/6/2008 | |
| | Winkelman v. Parma City School District Supreme Court case holding that the Individuals with Disabilities Education Act grants parents of a disabled child independent, enforceable rights, and such parents are entitled to prosecute IDEA claims on their own behalf in court. 127 S. Ct. 1994 (2007) | 10/6/2008 | |
