OSEP Memo and Q&A on Dispute Resolution (July 23, 2013)

Desktop\DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesJuly 23, 2013Contact Person: Gregg CorrTelephone: 202-245-7309OSEP MEMO 13-08MEMORANDUMTO:Chief State School OfficersState Directors of Special EducationFROM:Melody Musgrove, Ed.D. DirectorOffice of Special Education ProgramsSUBJECT:Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act (Part B)The purpose of this Memorandum is to introduce the updated and combined question and answer (Q&A) document on the dispute resolution procedures that are set out in the Part B regulations, published in the Federal Register on August 14, 2006, including mediation procedures (34 CFR 300.506), State complaint procedures (34 CFR 300.151-300.153), and due process procedures (34 CFR 300.507-300.516 and 300.532-300.533). The Office of Special Education Programs (OSEP) encourages parents and local educational agencies (LEAs) to work collaboratively, in the best interests of children, to resolve the disagreements that may occur when working to provide a positive educational experience for all children, including children with disabilities. To this end, the IDEA and its implementing regulations provide specific options for resolving disputes between parents and public agencies, which can be used in a manner consistent with our shared goals of improving results and achieving better outcomes for children with disabilities. The attached Q&A document provides responses to frequently asked questions to faciliAttachmentQuestions and Answers on IDEA Part B Dispute Resolution Procedures Revised July 2013Regulations for Part B of the Individuals with Disabilities Education Act (IDEA) were published in the Federal Register on August 14, 2006, and became effective on October 13, 2006. Supplemental IDEA regulations were published on December 1, 2008, and became effective on December 31, 2008. Since publication of the regulations, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education (Department) has received requests for clarification of some of these regulations. This is one of a series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics. Each Q&A document will be updated to add new questions and answers as other important issues arise or to amend existing questions and answers as needed. OSERS issues this Q&A document to provide parents, parent training and information centers, school personnel, State educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations, and other interested parties with information to facili11:Does the IDEA address where mediation sessions are held? PAGEREF _Toc352754577 h 8 HYPERLINK l "_Toc352754578" Question A-12:Who may participate in, or attend, the mediation session? May parents or public agencies bring their attorneys to mediation sessions and, if so, under what circumstances? PAGEREF _Toc352754578 h 8 HYPERLINK l "_Toc352754579" Question A-13:May a child with a disability who is the subject of the mediation process attend the mediation session with his or her parent? PAGEREF _Toc352754579 h 8 HYPERLINK l "_Toc352754580" Question A-14:What options are available if a parent declines a public agency's request to engage in mediation? PAGEREF _Toc352754580 h 9 HYPERLINK l "_Toc352754581" Question A-15:May a State use IDEA funds for recruitment and training of mediators? PAGEREF _Toc352754581 h 9 HYPERLINK l "_Toc352754582" Question A-16:Who pays for the mediation process? PAGEREF _Toc352754582 h 9 HYPERLINK l "_Toc352754583" Question A-17:How is a mediator selected? PAGEREF _Toc352754583 h 10 HYPERLINK l "_Toc352754584" Question A-18:May more than one mediator be se10:If there is a finding in a State complaint that a child or group of children has been denied FAPE, what are the remedies? PAGEREF _Toc352754605 h 21 HYPERLINK l "_Toc352754606" Question B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? PAGEREF _Toc352754606 h 21 HYPERLINK l "_Toc352754607" Question B-12:How does an SEA resolve a complaint against itself? PAGEREF _Toc352754607 h 22 HYPERLINK l "_Toc352754608" Question B-13:May States establish procedures permitting a State complaint to be filed electronically? PAGEREF _Toc352754608 h 22 HYPERLINK l "_Toc352754609" Question B-14:Must States have procedures for tracking when State complaints are received, including State complaints filed electronically, if applicable? PAGEREF _Toc352754609 h 23 HYPERLINK l "_Toc352754610" Question B-15:What is an SEA's responsibility to resolve a complaint if the complaint submitted to the SEA does not include all of the content required in 34CFR300.153? PAGEREF _Toc352754610 h 243:What happens after a due process complaint is submitted? PAGEREF _Toc352754633 h 35 HYPERLINK l "_Toc352754634" Question C-4:What happens if a hearing officer determines that a due process complaint is insufficient? PAGEREF _Toc352754634 h 36 HYPERLINK l "_Toc352754635" Question C-5:What is the timeline for filing a due process complaint? PAGEREF _Toc352754635 h 36 HYPERLINK l "_Toc352754636" Question C-6:May States establish procedures permitting a due process complaint to be filed electronically? PAGEREF _Toc352754636 h 37 HYPERLINK l "_Toc352754637" Question C-7:Must States have procedures for tracking when due process complaints are received, including due process complaints filed electronically if a State accepts due process complaints filed electronically? PAGEREF _Toc352754637 h 38 HYPERLINK l "_Toc352754638" Question C-8:Are there any mechanisms that an SEA must provide to assist parents and public agencies in filing a due process complaint? PAGEREF _Toc352754638 h 38 HYPERLINK l "_Toc352754639" Question C-9:May a parent file a due process complaint because his or her child's teacher i3:Does the parent still have the right to challenge the sufficiency of the due process complaint when an LEA files a due process complaint? Must the parent respond to the LEA's due process complaint? PAGEREF _Toc352754661 h 50 HYPERLINK l "_Toc352754662" Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? PAGEREF _Toc352754662 h 51 HYPERLINK l "_Toc352754663" Question D-5:If a parent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for convening a resolution meeting begin? PAGEREF _Toc352754663 h 51 HYPERLINK l "_Toc352754664" Question D-6:Are there circumstances in which an LEA would not be required to convene a resolution meeting when it receives notice of a parent's due process complaint? PAGEREF _Toc352754664 h 52 HYPERLINK l "_Toc352754665" Question D-7:Does the timeline for a due process hearing decision always begin after the 30-day resolution period? PAGEREF _Toc352754665 h 52 HYPERLINK5:How must SEAs and LEAs apply the timeline requirements for expedited due process hearings if the due process complaint is filed when school is not in session? PAGEREF _Toc352754689 h 62 HYPERLINK l "_Toc352754690" Question E-6: May a party challenge the sufficiency of a due process complaint requesting an expedited due process hearing? PAGEREF _Toc352754690 h 63 HYPERLINK l "_Toc352754691" Question E-7:May a hearing officer extend the timeline for making a determination in an expedited due process hearing? PAGEREF _Toc352754691 h 63 HYPERLINK l "_Toc352754692" Question E-8:How can the parties meet the requirement in 34CFR300.512(b) to disclose evaluations and recommendations to all parties at least five business days before an expedited due process hearing begins? PAGEREF _Toc352754692 h 63 HYPERLINK l "_Toc352754693" Question E-9:May a school district proceed directly to court for a temporary injunction to remove a student from his or her current educational placement for disciplinary reasons or must the school district exhaust administrative remedies by first filing a due process complaint to request an expediteAnswer:The Department provided the following pertinent explanation in Question L-1 in Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011:As provided in 34CFR300.140(b), a parent of a child enrolled by that parent in a private school has the right to file a due process complaint [and use the mediation procedures in 34CFR300.506] regarding the child find requirements in 34CFR300.131, including the requirements in 34CFR300.300 through 300.311. The due process provisions in section 615 of the Act and 34CFR300.504 through 300.519 of the regulations [which include the mediation procedures in 34CFR300.506], do not apply to issues regarding the provision of services to any particular parentally-placed private school child with disabilities whom an LEA has agreed to serve because there is no individual right to services for such children under the IDEA. 34CFR300.140(a). Disputes that arise about equitable services are, however, properly subject to the State complaint procedures in 34CFR300.151 through 300.153 [described in Section B of this Q&A document]. As provided in 34CFR300.140(c), a parent may file a signed written Answer:As noted previously, the IDEA and its implementing regulations do not allow a public agency to require a parent to participate in mediation because mediation is voluntary. However, a public agency may establish procedures to offer parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested third party: (1) who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the State established under section 671 or 672 of the IDEA; and (2) who would explain the benefits of, and encourage the use of, the mediation process to the parents. 34CFR300.506(b)(2). Public agencies that choose to establish these procedures must make clear to parents and schools that they have the opportunity to participate in the meeting with the disinterested third party, but that their participation is voluntary. The disinterested third party would explain the benefits of mediation, including that it is voluntary, and if successful, could result in the resolution of the dispute without the need to use more formal, costly, and rt of the United States. 34CFR300.506(b)(7). However, notwithstanding the provisions in 34CFR300.506(b)(7) addressing judicial enforcement of mediation agreements and 300.510(d)(2), addressing judicial enforcement of resolution agreements, nothing in part 300 would prevent the SEA from using other mechanisms to seek enforcement of those agreements, provided that the use of the State's mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States. 34CFR300.537. Therefore, in addition to judicial enforcement of mediation and resolution agreements, 34CFR300.537 gives States the flexibility to allow enforcement of those agreements through other State mechanisms such as their State complaint resolution procedures in 34CFR300.151-300.153. 71 FR 46604-46605 and 71 FR 46703 (August 14, 2006). Question A-28:May a parent file a State complaint on matters that were not addressed in, or that arose after the time covered by, the mediation agreement? Answer:Yes. If the mediation agreement covers a specific time perAnswer: Some differences include who can file each type of complaint, subject matter, timing, procedures, and appeal processes. More parties are eligible to file a State complaint than a due process complaint. As explained in Question B-3, a State complaint may be filed by an organization or individual, including one from another State. In contrast, only a parent or a public agency may file a due process complaint. Therefore, while a parent has the option of filing a State complaint or a due process complaint to request a due process hearing, an organization or individual, other than a child's parent may not file a due process complaint to request a due process hearing. Another difference is the subject matter of each type of complaint. A State complaint must allege that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations, but a due process complaint is available for matters regarding the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child. Therefore, while a matter that could be the subject of a due process complaint could also be the subject of a State complaint, the reverse is not always tQuestion B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? Answer:An SEA is required to resolve any complaint that meets the requirements of 34CFR300.153 filed by an organization or individual, including one from another State. This includes a signed written complaint alleging that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations regarding a particular child with a disability, regardless of whether the State complaint has been filed by the child's parent or by an organization or individual other than the child's parent. Thus, in resolving such a complaint, the SEA would be required to follow the minimum State complaint procedures in 34CFR300.152 as it would for any other State complaint that alleges that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations.If a complaint is filed by an organization or individual other than the parent, parental consent must be obtained before an SEA may provide personally identifiable information about a child to a non-parent complainant as part of the complaint decision. 34CFR9Answer: Under 34CFR300.153(d), the complainant must provide a copy of the complaint to the LEA or public agency serving the child at the same time the complaint is filed with the SEA. The regulations do not specifically address a situation where the complainant only provides the complaint to the SEA and does not forward it to the LEA or public agency serving the child. An SEA should include the actions that will be taken under these circumstances in its complaint procedures established under 34CFR300.151(a) and provide proper notice of its procedures. An SEA's complaint procedures should address how the complainant's failure to provide the required copy to the LEA or public agency serving the child will affect the initiation of the complaint resolution and/or the time limit for completing the complaint resolution. For example, an SEA could adopt procedures that include advising the complainant in writing that the complaint resolution will not proceed and the 60-day time limit will not begin until the complainant provides the LEA or public agency serving the child with a copy of the complaint as required by the regulations. 71 FR 46606 (August 14, 2006). As an additional protection for parents, consQuestion B-27:If a parent has filed a State complaint and the State's resolution is still in process, can the parent request a due process hearing pending resolution of the State complaint?Answer:Yes. A parent who has filed a State complaint is not prevented from filing a due process complaint on the same or similar issues. However, if a parent files a due process complaint and the hearing officer rules on that issue, the due process hearing decision is binding as to that issue. Therefore, while the State may have begun the process of resolving a State complaint prior to the receipt of a due process complaint, pursuant to 34CFR300.152(c)(1), the State must set aside any issues in the State complaint that are being addressed in the due process hearing. As indicated in Question B-26, any issue in the State complaint that is not part of the due process action must be resolved using the State complaint resolution procedures in accordance with 34CFR300.152(a) and (b). 34CFR300.152(c).Question B-28:May a State complaint be filed on an issue that was previously decided in a due process hearing?Answer:Under 34CFR300.152(c)(2)(i), if a hearing officer has previously ruled on an issue at a due proce34CFR300.53734CFR300.60034CFR300.611-300.626C. Due Process Complaints and Due Process Hearing ProceduresAuthority:The requirements for due process complaints and due process hearings are found in the regulations at 34CFR300.507-300.516. Question C-1: Why does the IDEA require that a party file a due process complaint in order to request a due process hearing?Answer: The IDEA Amendments of 2004 made significant changes to IDEA's due process procedures, and parties no longer have the right to request a due process hearing directly. Rather, in order to request a due process hearing under the IDEA, a party (a parent or a public agency) or the attorney representing the party, first must file a due process complaint consistent with 34CFR300.507 and 300.508. When a parent or a parent's attorney files a due process complaint, the IDEA provides for a 30-day resolution period, subject to certain adjustments, prior to the initiation of a due process hearing. 34CFR300.510. The purpose of the resolution process is to attempt to achieve a prompt resolution of the parent's due process complaint as early as possible at the local level and to avoid the need for a more costly, adversarial, a time limitation for filing a due process complaint under 34CFRpart 300, in the time allowed by that State law. 34CFR300.507(a)(2). The applicable timelines described above do not apply to a parent if the parent was prevented from filing a due process complaint due to: (1) specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint; or (2) the LEA's withholding of information from the parent it was required under part 300 to provide to the parent. 34CFR300.511(f). There is nothing in the IDEA or the Part B regulations that would preclude a State from having a time limit for filing a due process complaint that is shorter or longer than two years. 71 FR 46697 (August 14, 2006). The time limitation for filing a due process complaint used by the State, whether the IDEA timeline or the State-established timeline, must be included in the notice of procedural safeguards that must be given to parents one time a year and upon receipt of the first due process complaint under 34CFR300.507 in a school year. 34CFR300.504(a)(2) and 300.504(c)(5)(i). Question C-6:May States establish procedures permiHowever, if a parent of a child who is home schooled or parentally-placed in a private school by the parent at the parent's expense does not provide consent (or fails to respond to a request to provide consent) for the initial evaluation or reevaluation of his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the evaluation or reevaluation may be provided to the child. 34CFR300.300(d)(4). In addition, if a parent fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the services may be provided to the child. 34CFR300.300(b)(3). Further, if at any time subsequent to the initial provision of special education and related services, a parent revokes consent in writing for the continued provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling thQuestion C-22:When would it be permissible for a hearing officer to extend the 45-day timeline for issuing a final decision in a due process hearing on a due process complaint or for a reviewing officer to extend the 30-day timeline for issuing a final decision in an appeal to the SEA, if applicable? Answer:The timelines for due process hearings and reviews described in 34CFR300.515(a) and (b) may only be extended if a hearing officer or reviewing officer exercises the authority to grant a specific extension of time at the request of a party to the hearing or review. 34CFR300.515(c). A hearing officer may not unilaterally extend the 45-day due process hearing timeline. Also, a hearing officer may not extend the hearing decision timeline for an unspecified time period, even if a party to the hearing requests an extension but does not specify a time period for the extension. Likewise, a reviewing officer may not unilaterally extend the 30-day timeline for reviewing the hearing decision. In addition, a reviewing officer may not extend the review decision timeline for an unspecified time period, even if a party to the review requests an extension but does not specify a time period for the extension.Q34CFR300.507-300.51634CFR300.52034CFR300.60034CFR300.611-300.626The Q&A documents cited in this section can be found at: Questions and Answers on Highly Qualified Teachers Serving Children with Disabilities, January 2007: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2C"http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2CQuestions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C" http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2CD.Resolution ProcessAuthority:The requirements for the resolution process are found in the regulations at 34CFR300.510.Question D-1:What is the purpose of the resolution meeting? Answer:The purpose of the resolution meeting is to achieve a prompt and early resolution of a parent's due process complaint to avoid the need for a more costly, adversarial, and time-consuming due process hearing and the potential for civil litigation. Section 300.510(a)(1) of the Part B regulations, consistent with section 615(f)(1)(B)(i) of the IDEA, provides that within Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? Answer:Yes. Under 34CFR300.508(d)(3), a party may amend its due process complaint subject to the following conditions. The other party must consent in writing to the amendment and be given the opportunity to resolve the complaint through a meeting held pursuant to 34CFR300.510. Alternatively, the hearing officer may grant permission to amend the complaint at any time not later than five days before the due process hearing begins. This process is intended to ensure that the parties involved understand the nature of the complaint before the due process hearing begins. 71 FR 46698 (August 14, 2006).Under 34CFR300.508(d)(4), when a due process complaint is amended, the timeline for the resolution meeting and the time period for resolving the complaint begin again with the filing of the amended due process complaint. 71 FR 46698 (August 14, 2006).Question D-5:rent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for conveniAnswer:Yes. If there is no adjustment to the 30-day resolution period timeline as described in Question D-7, and if the LEA or the parent does not seek the hearing officer's intervention as described in Question D-13, regardless of the reasons for the parties' inaction, the 45-day timeline for a due process hearing decision would remain in effect. 34CFR300.510(b)(2) and 300.515(a). Question D-15:What is the SEA's responsibility for ensuring that LEAs comply with the resolution process requirements?Answer:As explained in the Analysis of Comments and Changes, the Department fully expects that only in very rare situations will an LEA fail to meet its obligation to convene a resolution meeting within 15 days of receiving notice of the parent's due process complaint, delay the due process hearing by scheduling meetings at times or places that are inconvenient for the parent, or otherwise not participate in good faith in the resolution process. In instances of noncompliance, parents are able to request a hearing officer to allow the due process hearing to proceed. 71 FR 46702 (August 14, 2006). In addition, an SEA has an affirmative obligation to ensure its LEAs' compliance with the resolution process tKey regulatory references related to the resolution process, as cited above, can be found at HYPERLINK "http://idea.ed.gov/explore/home" http://idea.ed.gov/explore/home, and include the following:34CFR300.1134CFR300.14934CFR300.506-300.51634CFR300.53734CFR300.60034CFR300.611-300.626E.Expedited Due Process HearingsAuthority:The requirements for expedited due process hearings are found in the regulations at 34CFR300.532-533.Question E-1:What is an expedited due process hearing? Answer:An expedited due process hearing is a hearing involving a due process complaint regarding a disciplinary matter, which is subject to shorter timelines than a due process hearing conducted pursuant to 34CFR300.507-300.516. Under 34CFR300.532(a), a parent of a child with a disability who disagrees with any decision regarding placement under 34CFR300.530 and 300.531, or the manifestation determination under 34CFR300.530(e), or an LEA that believes that maintaining the child's placement is substantially likely to result in injury to the child or to others, may appeal the decision by requesting a hearing. If a parent or LEA files a due process complaint to request a due process hearing uFurther, the expedited due process hearing must occur within 20 school days from the date that the parent's due process complaint requesting a due process hearing is filed. Thus, the resolution period is part of, and not separate from, the expedited due process hearing timeline. If an expedited due process hearing occurs, the hearing officer must make a determination within 10 school days after the hearing. 34CFR300.532(c)(2).Question E-4:May the parties mutually agree to extend the resolution period to resolve an expedited due process complaint? Answer:No. There is no provision in the IDEA or the Part B regulations that permits adjustments to the 15-day resolution period for expedited due process complaints. 34CFR300.532(c). Also, there is no provision in the Part B regulations permitting the parties to agree to extend this time period. Therefore, when the parties have participated in a resolution meeting or engaged in mediation and the dispute has not been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint, the expedited due process hearing may proceed. 34CFR300.532(c)(3)(ii). Question E-5:How must SEAs and LEAs apply the timeline reqse contact the Office for Civil Rights Enforcement Office that serves your State. Contact information for these offices can be found at: HYPERLINK "http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm" http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. The Education for All Handicapped Children Act refers to Public Law (Pub. L.) 94-142. It is the predecessor statute to Part B of the IDEA. After the U.S. Department of Education was created, the Part B regulations in part 121a of title 45 of the Code of Federal Regulations (CFR) were removed and recodified in title 34 CFR part 300. The former 34 CFR 300.506 and its accompanying comment were unchanged and remained in effect until May 11, 1999. This Q&A document includes references to Assistance to States for the Education of Children with Disabilities and Early Intervention Programs for Infants and Toddlers with Disabilities, Final Regulations, Analysis of Comments and Changes, 64 Federal Register 12406, 12537-12656 (Mar. 12, 1999). This document will be cited throughout this Q&A as 64 FR with the appropriate page number. Under 34 CFR 300.30(a), the term parent means: (1) a biological or adoptive pation A of this Q&A document. For more information on State complaint procedures, see Section B of this Q&A document. See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majority under State law. For expedited due process complaints, the resolution meeting must occur within seven days of receiving notice of the parent's due process complaint. 34 CFR 300.532(c)(3). The resolution process requirements for expedited due process complaints are described in more detail in Section E of this Q&A document. It should be noted, however, that one way for an LEA to amend a due process complaint that is not sufficient, is for the parent to agree in writing and be given an opportunity to resolve the LEA's due process complaint through a resolution meeting. 34 CFR 300.508(d)(3)(i). See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majoQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page iiQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 5 Questions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 1 Desktop\DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesJuly 23, 2013Contact Person: Gregg CorrTelephone: 202-245-7309OSEP MEMO 13-08MEMORANDUMTO:Chief State School OfficersState Directors of Special EducationFROM:Melody Musgrove, Ed.D. DirectorOffice of Special Education ProgramsSUBJECT:Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act (Part B)The purpose of this Memorandum is to introduce the updated and combined question and answer (Q&A) document on the dispute resolution procedures that are set out in the Part B regulations, published in the Federal Register on August 14, 2006, including mediation procedures (34 CFR 300.506), State complaint procedures (34 CFR 300.151-300.153), and due process procedures (34 CFR 300.507-300.516 and 300.532-300.533). The Office of Special Education Programs (OSEP) encourages parents and local educational agencies (LEAs) to work collaboratively, in the best interests of children, to resolve the disagreements that may occur when working to provide a positive educational experience for all children, including children with disabilities. To this end, the IDEA and its implementing regulations provide specific options for resolving disputes between parents and public agencies, which can be used in a manner consistent with our shared goals of improving results and achieving better outcomes for children with disabilities. The attached Q&A document provides responses to frequently asked questions to faciliAttachmentQuestions and Answers on IDEA Part B Dispute Resolution Procedures Revised July 2013Regulations for Part B of the Individuals with Disabilities Education Act (IDEA) were published in the Federal Register on August 14, 2006, and became effective on October 13, 2006. Supplemental IDEA regulations were published on December 1, 2008, and became effective on December 31, 2008. Since publication of the regulations, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education (Department) has received requests for clarification of some of these regulations. This is one of a series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics. Each Q&A document will be updated to add new questions and answers as other important issues arise or to amend existing questions and answers as needed. OSERS issues this Q&A document to provide parents, parent training and information centers, school personnel, State educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations, and other interested parties with information to facili11:Does the IDEA address where mediation sessions are held? PAGEREF _Toc352754577 h 8 HYPERLINK l "_Toc352754578" Question A-12:Who may participate in, or attend, the mediation session? May parents or public agencies bring their attorneys to mediation sessions and, if so, under what circumstances? PAGEREF _Toc352754578 h 8 HYPERLINK l "_Toc352754579" Question A-13:May a child with a disability who is the subject of the mediation process attend the mediation session with his or her parent? PAGEREF _Toc352754579 h 8 HYPERLINK l "_Toc352754580" Question A-14:What options are available if a parent declines a public agency's request to engage in mediation? PAGEREF _Toc352754580 h 9 HYPERLINK l "_Toc352754581" Question A-15:May a State use IDEA funds for recruitment and training of mediators? PAGEREF _Toc352754581 h 9 HYPERLINK l "_Toc352754582" Question A-16:Who pays for the mediation process? PAGEREF _Toc352754582 h 9 HYPERLINK l "_Toc352754583" Question A-17:How is a mediator selected? PAGEREF _Toc352754583 h 10 HYPERLINK l "_Toc352754584" Question A-18:May more than one mediator be se10:If there is a finding in a State complaint that a child or group of children has been denied FAPE, what are the remedies? PAGEREF _Toc352754605 h 21 HYPERLINK l "_Toc352754606" Question B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? PAGEREF _Toc352754606 h 21 HYPERLINK l "_Toc352754607" Question B-12:How does an SEA resolve a complaint against itself? PAGEREF _Toc352754607 h 22 HYPERLINK l "_Toc352754608" Question B-13:May States establish procedures permitting a State complaint to be filed electronically? PAGEREF _Toc352754608 h 22 HYPERLINK l "_Toc352754609" Question B-14:Must States have procedures for tracking when State complaints are received, including State complaints filed electronically, if applicable? PAGEREF _Toc352754609 h 23 HYPERLINK l "_Toc352754610" Question B-15:What is an SEA's responsibility to resolve a complaint if the complaint submitted to the SEA does not include all of the content required in 34CFR300.153? PAGEREF _Toc352754610 h 243:What happens after a due process complaint is submitted? PAGEREF _Toc352754633 h 35 HYPERLINK l "_Toc352754634" Question C-4:What happens if a hearing officer determines that a due process complaint is insufficient? PAGEREF _Toc352754634 h 36 HYPERLINK l "_Toc352754635" Question C-5:What is the timeline for filing a due process complaint? PAGEREF _Toc352754635 h 36 HYPERLINK l "_Toc352754636" Question C-6:May States establish procedures permitting a due process complaint to be filed electronically? PAGEREF _Toc352754636 h 37 HYPERLINK l "_Toc352754637" Question C-7:Must States have procedures for tracking when due process complaints are received, including due process complaints filed electronically if a State accepts due process complaints filed electronically? PAGEREF _Toc352754637 h 38 HYPERLINK l "_Toc352754638" Question C-8:Are there any mechanisms that an SEA must provide to assist parents and public agencies in filing a due process complaint? PAGEREF _Toc352754638 h 38 HYPERLINK l "_Toc352754639" Question C-9:May a parent file a due process complaint because his or her child's teacher i3:Does the parent still have the right to challenge the sufficiency of the due process complaint when an LEA files a due process complaint? Must the parent respond to the LEA's due process complaint? PAGEREF _Toc352754661 h 50 HYPERLINK l "_Toc352754662" Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? PAGEREF _Toc352754662 h 51 HYPERLINK l "_Toc352754663" Question D-5:If a parent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for convening a resolution meeting begin? PAGEREF _Toc352754663 h 51 HYPERLINK l "_Toc352754664" Question D-6:Are there circumstances in which an LEA would not be required to convene a resolution meeting when it receives notice of a parent's due process complaint? PAGEREF _Toc352754664 h 52 HYPERLINK l "_Toc352754665" Question D-7:Does the timeline for a due process hearing decision always begin after the 30-day resolution period? PAGEREF _Toc352754665 h 52 HYPERLINK5:How must SEAs and LEAs apply the timeline requirements for expedited due process hearings if the due process complaint is filed when school is not in session? PAGEREF _Toc352754689 h 62 HYPERLINK l "_Toc352754690" Question E-6: May a party challenge the sufficiency of a due process complaint requesting an expedited due process hearing? PAGEREF _Toc352754690 h 63 HYPERLINK l "_Toc352754691" Question E-7:May a hearing officer extend the timeline for making a determination in an expedited due process hearing? PAGEREF _Toc352754691 h 63 HYPERLINK l "_Toc352754692" Question E-8:How can the parties meet the requirement in 34CFR300.512(b) to disclose evaluations and recommendations to all parties at least five business days before an expedited due process hearing begins? PAGEREF _Toc352754692 h 63 HYPERLINK l "_Toc352754693" Question E-9:May a school district proceed directly to court for a temporary injunction to remove a student from his or her current educational placement for disciplinary reasons or must the school district exhaust administrative remedies by first filing a due process complaint to request an expediteAnswer:The Department provided the following pertinent explanation in Question L-1 in Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011:As provided in 34CFR300.140(b), a parent of a child enrolled by that parent in a private school has the right to file a due process complaint [and use the mediation procedures in 34CFR300.506] regarding the child find requirements in 34CFR300.131, including the requirements in 34CFR300.300 through 300.311. The due process provisions in section 615 of the Act and 34CFR300.504 through 300.519 of the regulations [which include the mediation procedures in 34CFR300.506], do not apply to issues regarding the provision of services to any particular parentally-placed private school child with disabilities whom an LEA has agreed to serve because there is no individual right to services for such children under the IDEA. 34CFR300.140(a). Disputes that arise about equitable services are, however, properly subject to the State complaint procedures in 34CFR300.151 through 300.153 [described in Section B of this Q&A document]. As provided in 34CFR300.140(c), a parent may file a signed written Answer:As noted previously, the IDEA and its implementing regulations do not allow a public agency to require a parent to participate in mediation because mediation is voluntary. However, a public agency may establish procedures to offer parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested third party: (1) who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the State established under section 671 or 672 of the IDEA; and (2) who would explain the benefits of, and encourage the use of, the mediation process to the parents. 34CFR300.506(b)(2). Public agencies that choose to establish these procedures must make clear to parents and schools that they have the opportunity to participate in the meeting with the disinterested third party, but that their participation is voluntary. The disinterested third party would explain the benefits of mediation, including that it is voluntary, and if successful, could result in the resolution of the dispute without the need to use more formal, costly, and rt of the United States. 34CFR300.506(b)(7). However, notwithstanding the provisions in 34CFR300.506(b)(7) addressing judicial enforcement of mediation agreements and 300.510(d)(2), addressing judicial enforcement of resolution agreements, nothing in part 300 would prevent the SEA from using other mechanisms to seek enforcement of those agreements, provided that the use of the State's mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States. 34CFR300.537. Therefore, in addition to judicial enforcement of mediation and resolution agreements, 34CFR300.537 gives States the flexibility to allow enforcement of those agreements through other State mechanisms such as their State complaint resolution procedures in 34CFR300.151-300.153. 71 FR 46604-46605 and 71 FR 46703 (August 14, 2006). Question A-28:May a parent file a State complaint on matters that were not addressed in, or that arose after the time covered by, the mediation agreement? Answer:Yes. If the mediation agreement covers a specific time perAnswer: Some differences include who can file each type of complaint, subject matter, timing, procedures, and appeal processes. More parties are eligible to file a State complaint than a due process complaint. As explained in Question B-3, a State complaint may be filed by an organization or individual, including one from another State. In contrast, only a parent or a public agency may file a due process complaint. Therefore, while a parent has the option of filing a State complaint or a due process complaint to request a due process hearing, an organization or individual, other than a child's parent may not file a due process complaint to request a due process hearing. Another difference is the subject matter of each type of complaint. A State complaint must allege that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations, but a due process complaint is available for matters regarding the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child. Therefore, while a matter that could be the subject of a due process complaint could also be the subject of a State complaint, the reverse is not always tQuestion B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? Answer:An SEA is required to resolve any complaint that meets the requirements of 34CFR300.153 filed by an organization or individual, including one from another State. This includes a signed written complaint alleging that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations regarding a particular child with a disability, regardless of whether the State complaint has been filed by the child's parent or by an organization or individual other than the child's parent. Thus, in resolving such a complaint, the SEA would be required to follow the minimum State complaint procedures in 34CFR300.152 as it would for any other State complaint that alleges that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations.If a complaint is filed by an organization or individual other than the parent, parental consent must be obtained before an SEA may provide personally identifiable information about a child to a non-parent complainant as part of the complaint decision. 34CFR9Answer: Under 34CFR300.153(d), the complainant must provide a copy of the complaint to the LEA or public agency serving the child at the same time the complaint is filed with the SEA. The regulations do not specifically address a situation where the complainant only provides the complaint to the SEA and does not forward it to the LEA or public agency serving the child. An SEA should include the actions that will be taken under these circumstances in its complaint procedures established under 34CFR300.151(a) and provide proper notice of its procedures. An SEA's complaint procedures should address how the complainant's failure to provide the required copy to the LEA or public agency serving the child will affect the initiation of the complaint resolution and/or the time limit for completing the complaint resolution. For example, an SEA could adopt procedures that include advising the complainant in writing that the complaint resolution will not proceed and the 60-day time limit will not begin until the complainant provides the LEA or public agency serving the child with a copy of the complaint as required by the regulations. 71 FR 46606 (August 14, 2006). As an additional protection for parents, consQuestion B-27:If a parent has filed a State complaint and the State's resolution is still in process, can the parent request a due process hearing pending resolution of the State complaint?Answer:Yes. A parent who has filed a State complaint is not prevented from filing a due process complaint on the same or similar issues. However, if a parent files a due process complaint and the hearing officer rules on that issue, the due process hearing decision is binding as to that issue. Therefore, while the State may have begun the process of resolving a State complaint prior to the receipt of a due process complaint, pursuant to 34CFR300.152(c)(1), the State must set aside any issues in the State complaint that are being addressed in the due process hearing. As indicated in Question B-26, any issue in the State complaint that is not part of the due process action must be resolved using the State complaint resolution procedures in accordance with 34CFR300.152(a) and (b). 34CFR300.152(c).Question B-28:May a State complaint be filed on an issue that was previously decided in a due process hearing?Answer:Under 34CFR300.152(c)(2)(i), if a hearing officer has previously ruled on an issue at a due proce34CFR300.53734CFR300.60034CFR300.611-300.626C. Due Process Complaints and Due Process Hearing ProceduresAuthority:The requirements for due process complaints and due process hearings are found in the regulations at 34CFR300.507-300.516. Question C-1: Why does the IDEA require that a party file a due process complaint in order to request a due process hearing?Answer: The IDEA Amendments of 2004 made significant changes to IDEA's due process procedures, and parties no longer have the right to request a due process hearing directly. Rather, in order to request a due process hearing under the IDEA, a party (a parent or a public agency) or the attorney representing the party, first must file a due process complaint consistent with 34CFR300.507 and 300.508. When a parent or a parent's attorney files a due process complaint, the IDEA provides for a 30-day resolution period, subject to certain adjustments, prior to the initiation of a due process hearing. 34CFR300.510. The purpose of the resolution process is to attempt to achieve a prompt resolution of the parent's due process complaint as early as possible at the local level and to avoid the need for a more costly, adversarial, a time limitation for filing a due process complaint under 34CFRpart 300, in the time allowed by that State law. 34CFR300.507(a)(2). The applicable timelines described above do not apply to a parent if the parent was prevented from filing a due process complaint due to: (1) specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint; or (2) the LEA's withholding of information from the parent it was required under part 300 to provide to the parent. 34CFR300.511(f). There is nothing in the IDEA or the Part B regulations that would preclude a State from having a time limit for filing a due process complaint that is shorter or longer than two years. 71 FR 46697 (August 14, 2006). The time limitation for filing a due process complaint used by the State, whether the IDEA timeline or the State-established timeline, must be included in the notice of procedural safeguards that must be given to parents one time a year and upon receipt of the first due process complaint under 34CFR300.507 in a school year. 34CFR300.504(a)(2) and 300.504(c)(5)(i). Question C-6:May States establish procedures permiHowever, if a parent of a child who is home schooled or parentally-placed in a private school by the parent at the parent's expense does not provide consent (or fails to respond to a request to provide consent) for the initial evaluation or reevaluation of his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the evaluation or reevaluation may be provided to the child. 34CFR300.300(d)(4). In addition, if a parent fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the services may be provided to the child. 34CFR300.300(b)(3). Further, if at any time subsequent to the initial provision of special education and related services, a parent revokes consent in writing for the continued provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling thQuestion C-22:When would it be permissible for a hearing officer to extend the 45-day timeline for issuing a final decision in a due process hearing on a due process complaint or for a reviewing officer to extend the 30-day timeline for issuing a final decision in an appeal to the SEA, if applicable? Answer:The timelines for due process hearings and reviews described in 34CFR300.515(a) and (b) may only be extended if a hearing officer or reviewing officer exercises the authority to grant a specific extension of time at the request of a party to the hearing or review. 34CFR300.515(c). A hearing officer may not unilaterally extend the 45-day due process hearing timeline. Also, a hearing officer may not extend the hearing decision timeline for an unspecified time period, even if a party to the hearing requests an extension but does not specify a time period for the extension. Likewise, a reviewing officer may not unilaterally extend the 30-day timeline for reviewing the hearing decision. In addition, a reviewing officer may not extend the review decision timeline for an unspecified time period, even if a party to the review requests an extension but does not specify a time period for the extension.Q34CFR300.507-300.51634CFR300.52034CFR300.60034CFR300.611-300.626The Q&A documents cited in this section can be found at: Questions and Answers on Highly Qualified Teachers Serving Children with Disabilities, January 2007: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2C"http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2CQuestions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C" http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2CD.Resolution ProcessAuthority:The requirements for the resolution process are found in the regulations at 34CFR300.510.Question D-1:What is the purpose of the resolution meeting? Answer:The purpose of the resolution meeting is to achieve a prompt and early resolution of a parent's due process complaint to avoid the need for a more costly, adversarial, and time-consuming due process hearing and the potential for civil litigation. Section 300.510(a)(1) of the Part B regulations, consistent with section 615(f)(1)(B)(i) of the IDEA, provides that within Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? Answer:Yes. Under 34CFR300.508(d)(3), a party may amend its due process complaint subject to the following conditions. The other party must consent in writing to the amendment and be given the opportunity to resolve the complaint through a meeting held pursuant to 34CFR300.510. Alternatively, the hearing officer may grant permission to amend the complaint at any time not later than five days before the due process hearing begins. This process is intended to ensure that the parties involved understand the nature of the complaint before the due process hearing begins. 71 FR 46698 (August 14, 2006).Under 34CFR300.508(d)(4), when a due process complaint is amended, the timeline for the resolution meeting and the time period for resolving the complaint begin again with the filing of the amended due process complaint. 71 FR 46698 (August 14, 2006).Question D-5:rent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for conveniAnswer:Yes. If there is no adjustment to the 30-day resolution period timeline as described in Question D-7, and if the LEA or the parent does not seek the hearing officer's intervention as described in Question D-13, regardless of the reasons for the parties' inaction, the 45-day timeline for a due process hearing decision would remain in effect. 34CFR300.510(b)(2) and 300.515(a). Question D-15:What is the SEA's responsibility for ensuring that LEAs comply with the resolution process requirements?Answer:As explained in the Analysis of Comments and Changes, the Department fully expects that only in very rare situations will an LEA fail to meet its obligation to convene a resolution meeting within 15 days of receiving notice of the parent's due process complaint, delay the due process hearing by scheduling meetings at times or places that are inconvenient for the parent, or otherwise not participate in good faith in the resolution process. In instances of noncompliance, parents are able to request a hearing officer to allow the due process hearing to proceed. 71 FR 46702 (August 14, 2006). In addition, an SEA has an affirmative obligation to ensure its LEAs' compliance with the resolution process tKey regulatory references related to the resolution process, as cited above, can be found at HYPERLINK "http://idea.ed.gov/explore/home" http://idea.ed.gov/explore/home, and include the following:34CFR300.1134CFR300.14934CFR300.506-300.51634CFR300.53734CFR300.60034CFR300.611-300.626E.Expedited Due Process HearingsAuthority:The requirements for expedited due process hearings are found in the regulations at 34CFR300.532-533.Question E-1:What is an expedited due process hearing? Answer:An expedited due process hearing is a hearing involving a due process complaint regarding a disciplinary matter, which is subject to shorter timelines than a due process hearing conducted pursuant to 34CFR300.507-300.516. Under 34CFR300.532(a), a parent of a child with a disability who disagrees with any decision regarding placement under 34CFR300.530 and 300.531, or the manifestation determination under 34CFR300.530(e), or an LEA that believes that maintaining the child's placement is substantially likely to result in injury to the child or to others, may appeal the decision by requesting a hearing. If a parent or LEA files a due process complaint to request a due process hearing uFurther, the expedited due process hearing must occur within 20 school days from the date that the parent's due process complaint requesting a due process hearing is filed. Thus, the resolution period is part of, and not separate from, the expedited due process hearing timeline. If an expedited due process hearing occurs, the hearing officer must make a determination within 10 school days after the hearing. 34CFR300.532(c)(2).Question E-4:May the parties mutually agree to extend the resolution period to resolve an expedited due process complaint? Answer:No. There is no provision in the IDEA or the Part B regulations that permits adjustments to the 15-day resolution period for expedited due process complaints. 34CFR300.532(c). Also, there is no provision in the Part B regulations permitting the parties to agree to extend this time period. Therefore, when the parties have participated in a resolution meeting or engaged in mediation and the dispute has not been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint, the expedited due process hearing may proceed. 34CFR300.532(c)(3)(ii). Question E-5:How must SEAs and LEAs apply the timeline reqse contact the Office for Civil Rights Enforcement Office that serves your State. Contact information for these offices can be found at: HYPERLINK "http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm" http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. The Education for All Handicapped Children Act refers to Public Law (Pub. L.) 94-142. It is the predecessor statute to Part B of the IDEA. After the U.S. Department of Education was created, the Part B regulations in part 121a of title 45 of the Code of Federal Regulations (CFR) were removed and recodified in title 34 CFR part 300. The former 34 CFR 300.506 and its accompanying comment were unchanged and remained in effect until May 11, 1999. This Q&A document includes references to Assistance to States for the Education of Children with Disabilities and Early Intervention Programs for Infants and Toddlers with Disabilities, Final Regulations, Analysis of Comments and Changes, 64 Federal Register 12406, 12537-12656 (Mar. 12, 1999). This document will be cited throughout this Q&A as 64 FR with the appropriate page number. Under 34 CFR 300.30(a), the term parent means: (1) a biological or adoptive pation A of this Q&A document. For more information on State complaint procedures, see Section B of this Q&A document. See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majority under State law. For expedited due process complaints, the resolution meeting must occur within seven days of receiving notice of the parent's due process complaint. 34 CFR 300.532(c)(3). The resolution process requirements for expedited due process complaints are described in more detail in Section E of this Q&A document. It should be noted, however, that one way for an LEA to amend a due process complaint that is not sufficient, is for the parent to agree in writing and be given an opportunity to resolve the LEA's due process complaint through a resolution meeting. 34 CFR 300.508(d)(3)(i). See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majoQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page iiQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 5 Questions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 1 Desktop\DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesJuly 23, 2013Contact Person: Gregg CorrTelephone: 202-245-7309OSEP MEMO 13-08MEMORANDUMTO:Chief State School OfficersState Directors of Special EducationFROM:Melody Musgrove, Ed.D. DirectorOffice of Special Education ProgramsSUBJECT:Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act (Part B)The purpose of this Memorandum is to introduce the updated and combined question and answer (Q&A) document on the dispute resolution procedures that are set out in the Part B regulations, published in the Federal Register on August 14, 2006, including mediation procedures (34 CFR 300.506), State complaint procedures (34 CFR 300.151-300.153), and due process procedures (34 CFR 300.507-300.516 and 300.532-300.533). The Office of Special Education Programs (OSEP) encourages parents and local educational agencies (LEAs) to work collaboratively, in the best interests of children, to resolve the disagreements that may occur when working to provide a positive educational experience for all children, including children with disabilities. To this end, the IDEA and its implementing regulations provide specific options for resolving disputes between parents and public agencies, which can be used in a manner consistent with our shared goals of improving results and achieving better outcomes for children with disabilities. The attached Q&A document provides responses to frequently asked questions to faciliAttachmentQuestions and Answers on IDEA Part B Dispute Resolution Procedures Revised July 2013Regulations for Part B of the Individuals with Disabilities Education Act (IDEA) were published in the Federal Register on August 14, 2006, and became effective on October 13, 2006. Supplemental IDEA regulations were published on December 1, 2008, and became effective on December 31, 2008. Since publication of the regulations, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education (Department) has received requests for clarification of some of these regulations. This is one of a series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics. Each Q&A document will be updated to add new questions and answers as other important issues arise or to amend existing questions and answers as needed. OSERS issues this Q&A document to provide parents, parent training and information centers, school personnel, State educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations, and other interested parties with information to facili11:Does the IDEA address where mediation sessions are held? PAGEREF _Toc352754577 h 8 HYPERLINK l "_Toc352754578" Question A-12:Who may participate in, or attend, the mediation session? May parents or public agencies bring their attorneys to mediation sessions and, if so, under what circumstances? PAGEREF _Toc352754578 h 8 HYPERLINK l "_Toc352754579" Question A-13:May a child with a disability who is the subject of the mediation process attend the mediation session with his or her parent? PAGEREF _Toc352754579 h 8 HYPERLINK l "_Toc352754580" Question A-14:What options are available if a parent declines a public agency's request to engage in mediation? PAGEREF _Toc352754580 h 9 HYPERLINK l "_Toc352754581" Question A-15:May a State use IDEA funds for recruitment and training of mediators? PAGEREF _Toc352754581 h 9 HYPERLINK l "_Toc352754582" Question A-16:Who pays for the mediation process? PAGEREF _Toc352754582 h 9 HYPERLINK l "_Toc352754583" Question A-17:How is a mediator selected? PAGEREF _Toc352754583 h 10 HYPERLINK l "_Toc352754584" Question A-18:May more than one mediator be se10:If there is a finding in a State complaint that a child or group of children has been denied FAPE, what are the remedies? PAGEREF _Toc352754605 h 21 HYPERLINK l "_Toc352754606" Question B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? PAGEREF _Toc352754606 h 21 HYPERLINK l "_Toc352754607" Question B-12:How does an SEA resolve a complaint against itself? PAGEREF _Toc352754607 h 22 HYPERLINK l "_Toc352754608" Question B-13:May States establish procedures permitting a State complaint to be filed electronically? PAGEREF _Toc352754608 h 22 HYPERLINK l "_Toc352754609" Question B-14:Must States have procedures for tracking when State complaints are received, including State complaints filed electronically, if applicable? PAGEREF _Toc352754609 h 23 HYPERLINK l "_Toc352754610" Question B-15:What is an SEA's responsibility to resolve a complaint if the complaint submitted to the SEA does not include all of the content required in 34CFR300.153? PAGEREF _Toc352754610 h 243:What happens after a due process complaint is submitted? PAGEREF _Toc352754633 h 35 HYPERLINK l "_Toc352754634" Question C-4:What happens if a hearing officer determines that a due process complaint is insufficient? PAGEREF _Toc352754634 h 36 HYPERLINK l "_Toc352754635" Question C-5:What is the timeline for filing a due process complaint? PAGEREF _Toc352754635 h 36 HYPERLINK l "_Toc352754636" Question C-6:May States establish procedures permitting a due process complaint to be filed electronically? PAGEREF _Toc352754636 h 37 HYPERLINK l "_Toc352754637" Question C-7:Must States have procedures for tracking when due process complaints are received, including due process complaints filed electronically if a State accepts due process complaints filed electronically? PAGEREF _Toc352754637 h 38 HYPERLINK l "_Toc352754638" Question C-8:Are there any mechanisms that an SEA must provide to assist parents and public agencies in filing a due process complaint? PAGEREF _Toc352754638 h 38 HYPERLINK l "_Toc352754639" Question C-9:May a parent file a due process complaint because his or her child's teacher i3:Does the parent still have the right to challenge the sufficiency of the due process complaint when an LEA files a due process complaint? Must the parent respond to the LEA's due process complaint? PAGEREF _Toc352754661 h 50 HYPERLINK l "_Toc352754662" Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? PAGEREF _Toc352754662 h 51 HYPERLINK l "_Toc352754663" Question D-5:If a parent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for convening a resolution meeting begin? PAGEREF _Toc352754663 h 51 HYPERLINK l "_Toc352754664" Question D-6:Are there circumstances in which an LEA would not be required to convene a resolution meeting when it receives notice of a parent's due process complaint? PAGEREF _Toc352754664 h 52 HYPERLINK l "_Toc352754665" Question D-7:Does the timeline for a due process hearing decision always begin after the 30-day resolution period? PAGEREF _Toc352754665 h 52 HYPERLINK5:How must SEAs and LEAs apply the timeline requirements for expedited due process hearings if the due process complaint is filed when school is not in session? PAGEREF _Toc352754689 h 62 HYPERLINK l "_Toc352754690" Question E-6: May a party challenge the sufficiency of a due process complaint requesting an expedited due process hearing? PAGEREF _Toc352754690 h 63 HYPERLINK l "_Toc352754691" Question E-7:May a hearing officer extend the timeline for making a determination in an expedited due process hearing? PAGEREF _Toc352754691 h 63 HYPERLINK l "_Toc352754692" Question E-8:How can the parties meet the requirement in 34CFR300.512(b) to disclose evaluations and recommendations to all parties at least five business days before an expedited due process hearing begins? PAGEREF _Toc352754692 h 63 HYPERLINK l "_Toc352754693" Question E-9:May a school district proceed directly to court for a temporary injunction to remove a student from his or her current educational placement for disciplinary reasons or must the school district exhaust administrative remedies by first filing a due process complaint to request an expediteAnswer:The Department provided the following pertinent explanation in Question L-1 in Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011:As provided in 34CFR300.140(b), a parent of a child enrolled by that parent in a private school has the right to file a due process complaint [and use the mediation procedures in 34CFR300.506] regarding the child find requirements in 34CFR300.131, including the requirements in 34CFR300.300 through 300.311. The due process provisions in section 615 of the Act and 34CFR300.504 through 300.519 of the regulations [which include the mediation procedures in 34CFR300.506], do not apply to issues regarding the provision of services to any particular parentally-placed private school child with disabilities whom an LEA has agreed to serve because there is no individual right to services for such children under the IDEA. 34CFR300.140(a). Disputes that arise about equitable services are, however, properly subject to the State complaint procedures in 34CFR300.151 through 300.153 [described in Section B of this Q&A document]. As provided in 34CFR300.140(c), a parent may file a signed written Answer:As noted previously, the IDEA and its implementing regulations do not allow a public agency to require a parent to participate in mediation because mediation is voluntary. However, a public agency may establish procedures to offer parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested third party: (1) who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the State established under section 671 or 672 of the IDEA; and (2) who would explain the benefits of, and encourage the use of, the mediation process to the parents. 34CFR300.506(b)(2). Public agencies that choose to establish these procedures must make clear to parents and schools that they have the opportunity to participate in the meeting with the disinterested third party, but that their participation is voluntary. The disinterested third party would explain the benefits of mediation, including that it is voluntary, and if successful, could result in the resolution of the dispute without the need to use more formal, costly, and rt of the United States. 34CFR300.506(b)(7). However, notwithstanding the provisions in 34CFR300.506(b)(7) addressing judicial enforcement of mediation agreements and 300.510(d)(2), addressing judicial enforcement of resolution agreements, nothing in part 300 would prevent the SEA from using other mechanisms to seek enforcement of those agreements, provided that the use of the State's mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States. 34CFR300.537. Therefore, in addition to judicial enforcement of mediation and resolution agreements, 34CFR300.537 gives States the flexibility to allow enforcement of those agreements through other State mechanisms such as their State complaint resolution procedures in 34CFR300.151-300.153. 71 FR 46604-46605 and 71 FR 46703 (August 14, 2006). Question A-28:May a parent file a State complaint on matters that were not addressed in, or that arose after the time covered by, the mediation agreement? Answer:Yes. If the mediation agreement covers a specific time perAnswer: Some differences include who can file each type of complaint, subject matter, timing, procedures, and appeal processes. More parties are eligible to file a State complaint than a due process complaint. As explained in Question B-3, a State complaint may be filed by an organization or individual, including one from another State. In contrast, only a parent or a public agency may file a due process complaint. Therefore, while a parent has the option of filing a State complaint or a due process complaint to request a due process hearing, an organization or individual, other than a child's parent may not file a due process complaint to request a due process hearing. Another difference is the subject matter of each type of complaint. A State complaint must allege that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations, but a due process complaint is available for matters regarding the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child. Therefore, while a matter that could be the subject of a due process complaint could also be the subject of a State complaint, the reverse is not always tQuestion B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? Answer:An SEA is required to resolve any complaint that meets the requirements of 34CFR300.153 filed by an organization or individual, including one from another State. This includes a signed written complaint alleging that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations regarding a particular child with a disability, regardless of whether the State complaint has been filed by the child's parent or by an organization or individual other than the child's parent. Thus, in resolving such a complaint, the SEA would be required to follow the minimum State complaint procedures in 34CFR300.152 as it would for any other State complaint that alleges that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations.If a complaint is filed by an organization or individual other than the parent, parental consent must be obtained before an SEA may provide personally identifiable information about a child to a non-parent complainant as part of the complaint decision. 34CFR9Answer: Under 34CFR300.153(d), the complainant must provide a copy of the complaint to the LEA or public agency serving the child at the same time the complaint is filed with the SEA. The regulations do not specifically address a situation where the complainant only provides the complaint to the SEA and does not forward it to the LEA or public agency serving the child. An SEA should include the actions that will be taken under these circumstances in its complaint procedures established under 34CFR300.151(a) and provide proper notice of its procedures. An SEA's complaint procedures should address how the complainant's failure to provide the required copy to the LEA or public agency serving the child will affect the initiation of the complaint resolution and/or the time limit for completing the complaint resolution. For example, an SEA could adopt procedures that include advising the complainant in writing that the complaint resolution will not proceed and the 60-day time limit will not begin until the complainant provides the LEA or public agency serving the child with a copy of the complaint as required by the regulations. 71 FR 46606 (August 14, 2006). As an additional protection for parents, consQuestion B-27:If a parent has filed a State complaint and the State's resolution is still in process, can the parent request a due process hearing pending resolution of the State complaint?Answer:Yes. A parent who has filed a State complaint is not prevented from filing a due process complaint on the same or similar issues. However, if a parent files a due process complaint and the hearing officer rules on that issue, the due process hearing decision is binding as to that issue. Therefore, while the State may have begun the process of resolving a State complaint prior to the receipt of a due process complaint, pursuant to 34CFR300.152(c)(1), the State must set aside any issues in the State complaint that are being addressed in the due process hearing. As indicated in Question B-26, any issue in the State complaint that is not part of the due process action must be resolved using the State complaint resolution procedures in accordance with 34CFR300.152(a) and (b). 34CFR300.152(c).Question B-28:May a State complaint be filed on an issue that was previously decided in a due process hearing?Answer:Under 34CFR300.152(c)(2)(i), if a hearing officer has previously ruled on an issue at a due proce34CFR300.53734CFR300.60034CFR300.611-300.626C. Due Process Complaints and Due Process Hearing ProceduresAuthority:The requirements for due process complaints and due process hearings are found in the regulations at 34CFR300.507-300.516. Question C-1: Why does the IDEA require that a party file a due process complaint in order to request a due process hearing?Answer: The IDEA Amendments of 2004 made significant changes to IDEA's due process procedures, and parties no longer have the right to request a due process hearing directly. Rather, in order to request a due process hearing under the IDEA, a party (a parent or a public agency) or the attorney representing the party, first must file a due process complaint consistent with 34CFR300.507 and 300.508. When a parent or a parent's attorney files a due process complaint, the IDEA provides for a 30-day resolution period, subject to certain adjustments, prior to the initiation of a due process hearing. 34CFR300.510. The purpose of the resolution process is to attempt to achieve a prompt resolution of the parent's due process complaint as early as possible at the local level and to avoid the need for a more costly, adversarial, a time limitation for filing a due process complaint under 34CFRpart 300, in the time allowed by that State law. 34CFR300.507(a)(2). The applicable timelines described above do not apply to a parent if the parent was prevented from filing a due process complaint due to: (1) specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint; or (2) the LEA's withholding of information from the parent it was required under part 300 to provide to the parent. 34CFR300.511(f). There is nothing in the IDEA or the Part B regulations that would preclude a State from having a time limit for filing a due process complaint that is shorter or longer than two years. 71 FR 46697 (August 14, 2006). The time limitation for filing a due process complaint used by the State, whether the IDEA timeline or the State-established timeline, must be included in the notice of procedural safeguards that must be given to parents one time a year and upon receipt of the first due process complaint under 34CFR300.507 in a school year. 34CFR300.504(a)(2) and 300.504(c)(5)(i). Question C-6:May States establish procedures permiHowever, if a parent of a child who is home schooled or parentally-placed in a private school by the parent at the parent's expense does not provide consent (or fails to respond to a request to provide consent) for the initial evaluation or reevaluation of his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the evaluation or reevaluation may be provided to the child. 34CFR300.300(d)(4). In addition, if a parent fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the services may be provided to the child. 34CFR300.300(b)(3). Further, if at any time subsequent to the initial provision of special education and related services, a parent revokes consent in writing for the continued provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling thQuestion C-22:When would it be permissible for a hearing officer to extend the 45-day timeline for issuing a final decision in a due process hearing on a due process complaint or for a reviewing officer to extend the 30-day timeline for issuing a final decision in an appeal to the SEA, if applicable? Answer:The timelines for due process hearings and reviews described in 34CFR300.515(a) and (b) may only be extended if a hearing officer or reviewing officer exercises the authority to grant a specific extension of time at the request of a party to the hearing or review. 34CFR300.515(c). A hearing officer may not unilaterally extend the 45-day due process hearing timeline. Also, a hearing officer may not extend the hearing decision timeline for an unspecified time period, even if a party to the hearing requests an extension but does not specify a time period for the extension. Likewise, a reviewing officer may not unilaterally extend the 30-day timeline for reviewing the hearing decision. In addition, a reviewing officer may not extend the review decision timeline for an unspecified time period, even if a party to the review requests an extension but does not specify a time period for the extension.Q34CFR300.507-300.51634CFR300.52034CFR300.60034CFR300.611-300.626The Q&A documents cited in this section can be found at: Questions and Answers on Highly Qualified Teachers Serving Children with Disabilities, January 2007: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2C"http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2CQuestions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C" http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2CD.Resolution ProcessAuthority:The requirements for the resolution process are found in the regulations at 34CFR300.510.Question D-1:What is the purpose of the resolution meeting? Answer:The purpose of the resolution meeting is to achieve a prompt and early resolution of a parent's due process complaint to avoid the need for a more costly, adversarial, and time-consuming due process hearing and the potential for civil litigation. Section 300.510(a)(1) of the Part B regulations, consistent with section 615(f)(1)(B)(i) of the IDEA, provides that within Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? Answer:Yes. Under 34CFR300.508(d)(3), a party may amend its due process complaint subject to the following conditions. The other party must consent in writing to the amendment and be given the opportunity to resolve the complaint through a meeting held pursuant to 34CFR300.510. Alternatively, the hearing officer may grant permission to amend the complaint at any time not later than five days before the due process hearing begins. This process is intended to ensure that the parties involved understand the nature of the complaint before the due process hearing begins. 71 FR 46698 (August 14, 2006).Under 34CFR300.508(d)(4), when a due process complaint is amended, the timeline for the resolution meeting and the time period for resolving the complaint begin again with the filing of the amended due process complaint. 71 FR 46698 (August 14, 2006).Question D-5:rent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for conveniAnswer:Yes. If there is no adjustment to the 30-day resolution period timeline as described in Question D-7, and if the LEA or the parent does not seek the hearing officer's intervention as described in Question D-13, regardless of the reasons for the parties' inaction, the 45-day timeline for a due process hearing decision would remain in effect. 34CFR300.510(b)(2) and 300.515(a). Question D-15:What is the SEA's responsibility for ensuring that LEAs comply with the resolution process requirements?Answer:As explained in the Analysis of Comments and Changes, the Department fully expects that only in very rare situations will an LEA fail to meet its obligation to convene a resolution meeting within 15 days of receiving notice of the parent's due process complaint, delay the due process hearing by scheduling meetings at times or places that are inconvenient for the parent, or otherwise not participate in good faith in the resolution process. In instances of noncompliance, parents are able to request a hearing officer to allow the due process hearing to proceed. 71 FR 46702 (August 14, 2006). In addition, an SEA has an affirmative obligation to ensure its LEAs' compliance with the resolution process tKey regulatory references related to the resolution process, as cited above, can be found at HYPERLINK "http://idea.ed.gov/explore/home" http://idea.ed.gov/explore/home, and include the following:34CFR300.1134CFR300.14934CFR300.506-300.51634CFR300.53734CFR300.60034CFR300.611-300.626E.Expedited Due Process HearingsAuthority:The requirements for expedited due process hearings are found in the regulations at 34CFR300.532-533.Question E-1:What is an expedited due process hearing? Answer:An expedited due process hearing is a hearing involving a due process complaint regarding a disciplinary matter, which is subject to shorter timelines than a due process hearing conducted pursuant to 34CFR300.507-300.516. Under 34CFR300.532(a), a parent of a child with a disability who disagrees with any decision regarding placement under 34CFR300.530 and 300.531, or the manifestation determination under 34CFR300.530(e), or an LEA that believes that maintaining the child's placement is substantially likely to result in injury to the child or to others, may appeal the decision by requesting a hearing. If a parent or LEA files a due process complaint to request a due process hearing uFurther, the expedited due process hearing must occur within 20 school days from the date that the parent's due process complaint requesting a due process hearing is filed. Thus, the resolution period is part of, and not separate from, the expedited due process hearing timeline. If an expedited due process hearing occurs, the hearing officer must make a determination within 10 school days after the hearing. 34CFR300.532(c)(2).Question E-4:May the parties mutually agree to extend the resolution period to resolve an expedited due process complaint? Answer:No. There is no provision in the IDEA or the Part B regulations that permits adjustments to the 15-day resolution period for expedited due process complaints. 34CFR300.532(c). Also, there is no provision in the Part B regulations permitting the parties to agree to extend this time period. Therefore, when the parties have participated in a resolution meeting or engaged in mediation and the dispute has not been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint, the expedited due process hearing may proceed. 34CFR300.532(c)(3)(ii). Question E-5:How must SEAs and LEAs apply the timeline reqse contact the Office for Civil Rights Enforcement Office that serves your State. Contact information for these offices can be found at: HYPERLINK "http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm" http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. The Education for All Handicapped Children Act refers to Public Law (Pub. L.) 94-142. It is the predecessor statute to Part B of the IDEA. After the U.S. Department of Education was created, the Part B regulations in part 121a of title 45 of the Code of Federal Regulations (CFR) were removed and recodified in title 34 CFR part 300. The former 34 CFR 300.506 and its accompanying comment were unchanged and remained in effect until May 11, 1999. This Q&A document includes references to Assistance to States for the Education of Children with Disabilities and Early Intervention Programs for Infants and Toddlers with Disabilities, Final Regulations, Analysis of Comments and Changes, 64 Federal Register 12406, 12537-12656 (Mar. 12, 1999). This document will be cited throughout this Q&A as 64 FR with the appropriate page number. Under 34 CFR 300.30(a), the term parent means: (1) a biological or adoptive pation A of this Q&A document. For more information on State complaint procedures, see Section B of this Q&A document. See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majority under State law. For expedited due process complaints, the resolution meeting must occur within seven days of receiving notice of the parent's due process complaint. 34 CFR 300.532(c)(3). The resolution process requirements for expedited due process complaints are described in more detail in Section E of this Q&A document. It should be noted, however, that one way for an LEA to amend a due process complaint that is not sufficient, is for the parent to agree in writing and be given an opportunity to resolve the LEA's due process complaint through a resolution meeting. 34 CFR 300.508(d)(3)(i). See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majoQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page iiQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 5 Questions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 1 Desktop\DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesJuly 23, 2013Contact Person: Gregg CorrTelephone: 202-245-7309OSEP MEMO 13-08MEMORANDUMTO:Chief State School OfficersState Directors of Special EducationFROM:Melody Musgrove, Ed.D. DirectorOffice of Special Education ProgramsSUBJECT:Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act (Part B)The purpose of this Memorandum is to introduce the updated and combined question and answer (Q&A) document on the dispute resolution procedures that are set out in the Part B regulations, published in the Federal Register on August 14, 2006, including mediation procedures (34 CFR 300.506), State complaint procedures (34 CFR 300.151-300.153), and due process procedures (34 CFR 300.507-300.516 and 300.532-300.533). The Office of Special Education Programs (OSEP) encourages parents and local educational agencies (LEAs) to work collaboratively, in the best interests of children, to resolve the disagreements that may occur when working to provide a positive educational experience for all children, including children with disabilities. To this end, the IDEA and its implementing regulations provide specific options for resolving disputes between parents and public agencies, which can be used in a manner consistent with our shared goals of improving results and achieving better outcomes for children with disabilities. The attached Q&A document provides responses to frequently asked questions to faciliAttachmentQuestions and Answers on IDEA Part B Dispute Resolution Procedures Revised July 2013Regulations for Part B of the Individuals with Disabilities Education Act (IDEA) were published in the Federal Register on August 14, 2006, and became effective on October 13, 2006. Supplemental IDEA regulations were published on December 1, 2008, and became effective on December 31, 2008. Since publication of the regulations, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education (Department) has received requests for clarification of some of these regulations. This is one of a series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics. Each Q&A document will be updated to add new questions and answers as other important issues arise or to amend existing questions and answers as needed. OSERS issues this Q&A document to provide parents, parent training and information centers, school personnel, State educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations, and other interested parties with information to facili11:Does the IDEA address where mediation sessions are held? PAGEREF _Toc352754577 h 8 HYPERLINK l "_Toc352754578" Question A-12:Who may participate in, or attend, the mediation session? May parents or public agencies bring their attorneys to mediation sessions and, if so, under what circumstances? PAGEREF _Toc352754578 h 8 HYPERLINK l "_Toc352754579" Question A-13:May a child with a disability who is the subject of the mediation process attend the mediation session with his or her parent? PAGEREF _Toc352754579 h 8 HYPERLINK l "_Toc352754580" Question A-14:What options are available if a parent declines a public agency's request to engage in mediation? PAGEREF _Toc352754580 h 9 HYPERLINK l "_Toc352754581" Question A-15:May a State use IDEA funds for recruitment and training of mediators? PAGEREF _Toc352754581 h 9 HYPERLINK l "_Toc352754582" Question A-16:Who pays for the mediation process? PAGEREF _Toc352754582 h 9 HYPERLINK l "_Toc352754583" Question A-17:How is a mediator selected? PAGEREF _Toc352754583 h 10 HYPERLINK l "_Toc352754584" Question A-18:May more than one mediator be se10:If there is a finding in a State complaint that a child or group of children has been denied FAPE, what are the remedies? PAGEREF _Toc352754605 h 21 HYPERLINK l "_Toc352754606" Question B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? PAGEREF _Toc352754606 h 21 HYPERLINK l "_Toc352754607" Question B-12:How does an SEA resolve a complaint against itself? PAGEREF _Toc352754607 h 22 HYPERLINK l "_Toc352754608" Question B-13:May States establish procedures permitting a State complaint to be filed electronically? PAGEREF _Toc352754608 h 22 HYPERLINK l "_Toc352754609" Question B-14:Must States have procedures for tracking when State complaints are received, including State complaints filed electronically, if applicable? PAGEREF _Toc352754609 h 23 HYPERLINK l "_Toc352754610" Question B-15:What is an SEA's responsibility to resolve a complaint if the complaint submitted to the SEA does not include all of the content required in 34CFR300.153? PAGEREF _Toc352754610 h 243:What happens after a due process complaint is submitted? PAGEREF _Toc352754633 h 35 HYPERLINK l "_Toc352754634" Question C-4:What happens if a hearing officer determines that a due process complaint is insufficient? PAGEREF _Toc352754634 h 36 HYPERLINK l "_Toc352754635" Question C-5:What is the timeline for filing a due process complaint? PAGEREF _Toc352754635 h 36 HYPERLINK l "_Toc352754636" Question C-6:May States establish procedures permitting a due process complaint to be filed electronically? PAGEREF _Toc352754636 h 37 HYPERLINK l "_Toc352754637" Question C-7:Must States have procedures for tracking when due process complaints are received, including due process complaints filed electronically if a State accepts due process complaints filed electronically? PAGEREF _Toc352754637 h 38 HYPERLINK l "_Toc352754638" Question C-8:Are there any mechanisms that an SEA must provide to assist parents and public agencies in filing a due process complaint? PAGEREF _Toc352754638 h 38 HYPERLINK l "_Toc352754639" Question C-9:May a parent file a due process complaint because his or her child's teacher i3:Does the parent still have the right to challenge the sufficiency of the due process complaint when an LEA files a due process complaint? Must the parent respond to the LEA's due process complaint? PAGEREF _Toc352754661 h 50 HYPERLINK l "_Toc352754662" Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? PAGEREF _Toc352754662 h 51 HYPERLINK l "_Toc352754663" Question D-5:If a parent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for convening a resolution meeting begin? PAGEREF _Toc352754663 h 51 HYPERLINK l "_Toc352754664" Question D-6:Are there circumstances in which an LEA would not be required to convene a resolution meeting when it receives notice of a parent's due process complaint? PAGEREF _Toc352754664 h 52 HYPERLINK l "_Toc352754665" Question D-7:Does the timeline for a due process hearing decision always begin after the 30-day resolution period? PAGEREF _Toc352754665 h 52 HYPERLINK5:How must SEAs and LEAs apply the timeline requirements for expedited due process hearings if the due process complaint is filed when school is not in session? PAGEREF _Toc352754689 h 62 HYPERLINK l "_Toc352754690" Question E-6: May a party challenge the sufficiency of a due process complaint requesting an expedited due process hearing? PAGEREF _Toc352754690 h 63 HYPERLINK l "_Toc352754691" Question E-7:May a hearing officer extend the timeline for making a determination in an expedited due process hearing? PAGEREF _Toc352754691 h 63 HYPERLINK l "_Toc352754692" Question E-8:How can the parties meet the requirement in 34CFR300.512(b) to disclose evaluations and recommendations to all parties at least five business days before an expedited due process hearing begins? PAGEREF _Toc352754692 h 63 HYPERLINK l "_Toc352754693" Question E-9:May a school district proceed directly to court for a temporary injunction to remove a student from his or her current educational placement for disciplinary reasons or must the school district exhaust administrative remedies by first filing a due process complaint to request an expediteAnswer:The Department provided the following pertinent explanation in Question L-1 in Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011:As provided in 34CFR300.140(b), a parent of a child enrolled by that parent in a private school has the right to file a due process complaint [and use the mediation procedures in 34CFR300.506] regarding the child find requirements in 34CFR300.131, including the requirements in 34CFR300.300 through 300.311. The due process provisions in section 615 of the Act and 34CFR300.504 through 300.519 of the regulations [which include the mediation procedures in 34CFR300.506], do not apply to issues regarding the provision of services to any particular parentally-placed private school child with disabilities whom an LEA has agreed to serve because there is no individual right to services for such children under the IDEA. 34CFR300.140(a). Disputes that arise about equitable services are, however, properly subject to the State complaint procedures in 34CFR300.151 through 300.153 [described in Section B of this Q&A document]. As provided in 34CFR300.140(c), a parent may file a signed written Answer:As noted previously, the IDEA and its implementing regulations do not allow a public agency to require a parent to participate in mediation because mediation is voluntary. However, a public agency may establish procedures to offer parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested third party: (1) who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the State established under section 671 or 672 of the IDEA; and (2) who would explain the benefits of, and encourage the use of, the mediation process to the parents. 34CFR300.506(b)(2). Public agencies that choose to establish these procedures must make clear to parents and schools that they have the opportunity to participate in the meeting with the disinterested third party, but that their participation is voluntary. The disinterested third party would explain the benefits of mediation, including that it is voluntary, and if successful, could result in the resolution of the dispute without the need to use more formal, costly, and rt of the United States. 34CFR300.506(b)(7). However, notwithstanding the provisions in 34CFR300.506(b)(7) addressing judicial enforcement of mediation agreements and 300.510(d)(2), addressing judicial enforcement of resolution agreements, nothing in part 300 would prevent the SEA from using other mechanisms to seek enforcement of those agreements, provided that the use of the State's mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States. 34CFR300.537. Therefore, in addition to judicial enforcement of mediation and resolution agreements, 34CFR300.537 gives States the flexibility to allow enforcement of those agreements through other State mechanisms such as their State complaint resolution procedures in 34CFR300.151-300.153. 71 FR 46604-46605 and 71 FR 46703 (August 14, 2006). Question A-28:May a parent file a State complaint on matters that were not addressed in, or that arose after the time covered by, the mediation agreement? Answer:Yes. If the mediation agreement covers a specific time perAnswer: Some differences include who can file each type of complaint, subject matter, timing, procedures, and appeal processes. More parties are eligible to file a State complaint than a due process complaint. As explained in Question B-3, a State complaint may be filed by an organization or individual, including one from another State. In contrast, only a parent or a public agency may file a due process complaint. Therefore, while a parent has the option of filing a State complaint or a due process complaint to request a due process hearing, an organization or individual, other than a child's parent may not file a due process complaint to request a due process hearing. Another difference is the subject matter of each type of complaint. A State complaint must allege that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations, but a due process complaint is available for matters regarding the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child. Therefore, while a matter that could be the subject of a due process complaint could also be the subject of a State complaint, the reverse is not always tQuestion B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? Answer:An SEA is required to resolve any complaint that meets the requirements of 34CFR300.153 filed by an organization or individual, including one from another State. This includes a signed written complaint alleging that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations regarding a particular child with a disability, regardless of whether the State complaint has been filed by the child's parent or by an organization or individual other than the child's parent. Thus, in resolving such a complaint, the SEA would be required to follow the minimum State complaint procedures in 34CFR300.152 as it would for any other State complaint that alleges that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations.If a complaint is filed by an organization or individual other than the parent, parental consent must be obtained before an SEA may provide personally identifiable information about a child to a non-parent complainant as part of the complaint decision. 34CFR9Answer: Under 34CFR300.153(d), the complainant must provide a copy of the complaint to the LEA or public agency serving the child at the same time the complaint is filed with the SEA. The regulations do not specifically address a situation where the complainant only provides the complaint to the SEA and does not forward it to the LEA or public agency serving the child. An SEA should include the actions that will be taken under these circumstances in its complaint procedures established under 34CFR300.151(a) and provide proper notice of its procedures. An SEA's complaint procedures should address how the complainant's failure to provide the required copy to the LEA or public agency serving the child will affect the initiation of the complaint resolution and/or the time limit for completing the complaint resolution. For example, an SEA could adopt procedures that include advising the complainant in writing that the complaint resolution will not proceed and the 60-day time limit will not begin until the complainant provides the LEA or public agency serving the child with a copy of the complaint as required by the regulations. 71 FR 46606 (August 14, 2006). As an additional protection for parents, consQuestion B-27:If a parent has filed a State complaint and the State's resolution is still in process, can the parent request a due process hearing pending resolution of the State complaint?Answer:Yes. A parent who has filed a State complaint is not prevented from filing a due process complaint on the same or similar issues. However, if a parent files a due process complaint and the hearing officer rules on that issue, the due process hearing decision is binding as to that issue. Therefore, while the State may have begun the process of resolving a State complaint prior to the receipt of a due process complaint, pursuant to 34CFR300.152(c)(1), the State must set aside any issues in the State complaint that are being addressed in the due process hearing. As indicated in Question B-26, any issue in the State complaint that is not part of the due process action must be resolved using the State complaint resolution procedures in accordance with 34CFR300.152(a) and (b). 34CFR300.152(c).Question B-28:May a State complaint be filed on an issue that was previously decided in a due process hearing?Answer:Under 34CFR300.152(c)(2)(i), if a hearing officer has previously ruled on an issue at a due proce34CFR300.53734CFR300.60034CFR300.611-300.626C. Due Process Complaints and Due Process Hearing ProceduresAuthority:The requirements for due process complaints and due process hearings are found in the regulations at 34CFR300.507-300.516. Question C-1: Why does the IDEA require that a party file a due process complaint in order to request a due process hearing?Answer: The IDEA Amendments of 2004 made significant changes to IDEA's due process procedures, and parties no longer have the right to request a due process hearing directly. Rather, in order to request a due process hearing under the IDEA, a party (a parent or a public agency) or the attorney representing the party, first must file a due process complaint consistent with 34CFR300.507 and 300.508. When a parent or a parent's attorney files a due process complaint, the IDEA provides for a 30-day resolution period, subject to certain adjustments, prior to the initiation of a due process hearing. 34CFR300.510. The purpose of the resolution process is to attempt to achieve a prompt resolution of the parent's due process complaint as early as possible at the local level and to avoid the need for a more costly, adversarial, a time limitation for filing a due process complaint under 34CFRpart 300, in the time allowed by that State law. 34CFR300.507(a)(2). The applicable timelines described above do not apply to a parent if the parent was prevented from filing a due process complaint due to: (1) specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint; or (2) the LEA's withholding of information from the parent it was required under part 300 to provide to the parent. 34CFR300.511(f). There is nothing in the IDEA or the Part B regulations that would preclude a State from having a time limit for filing a due process complaint that is shorter or longer than two years. 71 FR 46697 (August 14, 2006). The time limitation for filing a due process complaint used by the State, whether the IDEA timeline or the State-established timeline, must be included in the notice of procedural safeguards that must be given to parents one time a year and upon receipt of the first due process complaint under 34CFR300.507 in a school year. 34CFR300.504(a)(2) and 300.504(c)(5)(i). Question C-6:May States establish procedures permiHowever, if a parent of a child who is home schooled or parentally-placed in a private school by the parent at the parent's expense does not provide consent (or fails to respond to a request to provide consent) for the initial evaluation or reevaluation of his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the evaluation or reevaluation may be provided to the child. 34CFR300.300(d)(4). In addition, if a parent fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the services may be provided to the child. 34CFR300.300(b)(3). Further, if at any time subsequent to the initial provision of special education and related services, a parent revokes consent in writing for the continued provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling thQuestion C-22:When would it be permissible for a hearing officer to extend the 45-day timeline for issuing a final decision in a due process hearing on a due process complaint or for a reviewing officer to extend the 30-day timeline for issuing a final decision in an appeal to the SEA, if applicable? Answer:The timelines for due process hearings and reviews described in 34CFR300.515(a) and (b) may only be extended if a hearing officer or reviewing officer exercises the authority to grant a specific extension of time at the request of a party to the hearing or review. 34CFR300.515(c). A hearing officer may not unilaterally extend the 45-day due process hearing timeline. Also, a hearing officer may not extend the hearing decision timeline for an unspecified time period, even if a party to the hearing requests an extension but does not specify a time period for the extension. Likewise, a reviewing officer may not unilaterally extend the 30-day timeline for reviewing the hearing decision. In addition, a reviewing officer may not extend the review decision timeline for an unspecified time period, even if a party to the review requests an extension but does not specify a time period for the extension.Q34CFR300.507-300.51634CFR300.52034CFR300.60034CFR300.611-300.626The Q&A documents cited in this section can be found at: Questions and Answers on Highly Qualified Teachers Serving Children with Disabilities, January 2007: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2C"http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2CQuestions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C" http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2CD.Resolution ProcessAuthority:The requirements for the resolution process are found in the regulations at 34CFR300.510.Question D-1:What is the purpose of the resolution meeting? Answer:The purpose of the resolution meeting is to achieve a prompt and early resolution of a parent's due process complaint to avoid the need for a more costly, adversarial, and time-consuming due process hearing and the potential for civil litigation. Section 300.510(a)(1) of the Part B regulations, consistent with section 615(f)(1)(B)(i) of the IDEA, provides that within Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? Answer:Yes. Under 34CFR300.508(d)(3), a party may amend its due process complaint subject to the following conditions. The other party must consent in writing to the amendment and be given the opportunity to resolve the complaint through a meeting held pursuant to 34CFR300.510. Alternatively, the hearing officer may grant permission to amend the complaint at any time not later than five days before the due process hearing begins. This process is intended to ensure that the parties involved understand the nature of the complaint before the due process hearing begins. 71 FR 46698 (August 14, 2006).Under 34CFR300.508(d)(4), when a due process complaint is amended, the timeline for the resolution meeting and the time period for resolving the complaint begin again with the filing of the amended due process complaint. 71 FR 46698 (August 14, 2006).Question D-5:rent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for conveniAnswer:Yes. If there is no adjustment to the 30-day resolution period timeline as described in Question D-7, and if the LEA or the parent does not seek the hearing officer's intervention as described in Question D-13, regardless of the reasons for the parties' inaction, the 45-day timeline for a due process hearing decision would remain in effect. 34CFR300.510(b)(2) and 300.515(a). Question D-15:What is the SEA's responsibility for ensuring that LEAs comply with the resolution process requirements?Answer:As explained in the Analysis of Comments and Changes, the Department fully expects that only in very rare situations will an LEA fail to meet its obligation to convene a resolution meeting within 15 days of receiving notice of the parent's due process complaint, delay the due process hearing by scheduling meetings at times or places that are inconvenient for the parent, or otherwise not participate in good faith in the resolution process. In instances of noncompliance, parents are able to request a hearing officer to allow the due process hearing to proceed. 71 FR 46702 (August 14, 2006). In addition, an SEA has an affirmative obligation to ensure its LEAs' compliance with the resolution process tKey regulatory references related to the resolution process, as cited above, can be found at HYPERLINK "http://idea.ed.gov/explore/home" http://idea.ed.gov/explore/home, and include the following:34CFR300.1134CFR300.14934CFR300.506-300.51634CFR300.53734CFR300.60034CFR300.611-300.626E.Expedited Due Process HearingsAuthority:The requirements for expedited due process hearings are found in the regulations at 34CFR300.532-533.Question E-1:What is an expedited due process hearing? Answer:An expedited due process hearing is a hearing involving a due process complaint regarding a disciplinary matter, which is subject to shorter timelines than a due process hearing conducted pursuant to 34CFR300.507-300.516. Under 34CFR300.532(a), a parent of a child with a disability who disagrees with any decision regarding placement under 34CFR300.530 and 300.531, or the manifestation determination under 34CFR300.530(e), or an LEA that believes that maintaining the child's placement is substantially likely to result in injury to the child or to others, may appeal the decision by requesting a hearing. If a parent or LEA files a due process complaint to request a due process hearing uFurther, the expedited due process hearing must occur within 20 school days from the date that the parent's due process complaint requesting a due process hearing is filed. Thus, the resolution period is part of, and not separate from, the expedited due process hearing timeline. If an expedited due process hearing occurs, the hearing officer must make a determination within 10 school days after the hearing. 34CFR300.532(c)(2).Question E-4:May the parties mutually agree to extend the resolution period to resolve an expedited due process complaint? Answer:No. There is no provision in the IDEA or the Part B regulations that permits adjustments to the 15-day resolution period for expedited due process complaints. 34CFR300.532(c). Also, there is no provision in the Part B regulations permitting the parties to agree to extend this time period. Therefore, when the parties have participated in a resolution meeting or engaged in mediation and the dispute has not been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint, the expedited due process hearing may proceed. 34CFR300.532(c)(3)(ii). Question E-5:How must SEAs and LEAs apply the timeline reqse contact the Office for Civil Rights Enforcement Office that serves your State. Contact information for these offices can be found at: HYPERLINK "http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm" http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. The Education for All Handicapped Children Act refers to Public Law (Pub. L.) 94-142. It is the predecessor statute to Part B of the IDEA. After the U.S. Department of Education was created, the Part B regulations in part 121a of title 45 of the Code of Federal Regulations (CFR) were removed and recodified in title 34 CFR part 300. The former 34 CFR 300.506 and its accompanying comment were unchanged and remained in effect until May 11, 1999. This Q&A document includes references to Assistance to States for the Education of Children with Disabilities and Early Intervention Programs for Infants and Toddlers with Disabilities, Final Regulations, Analysis of Comments and Changes, 64 Federal Register 12406, 12537-12656 (Mar. 12, 1999). This document will be cited throughout this Q&A as 64 FR with the appropriate page number. Under 34 CFR 300.30(a), the term parent means: (1) a biological or adoptive pation A of this Q&A document. For more information on State complaint procedures, see Section B of this Q&A document. See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majority under State law. For expedited due process complaints, the resolution meeting must occur within seven days of receiving notice of the parent's due process complaint. 34 CFR 300.532(c)(3). The resolution process requirements for expedited due process complaints are described in more detail in Section E of this Q&A document. It should be noted, however, that one way for an LEA to amend a due process complaint that is not sufficient, is for the parent to agree in writing and be given an opportunity to resolve the LEA's due process complaint through a resolution meeting. 34 CFR 300.508(d)(3)(i). See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majoQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page iiQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 5 Questions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 1 Desktop\DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesJuly 23, 2013Contact Person: Gregg CorrTelephone: 202-245-7309OSEP MEMO 13-08MEMORANDUMTO:Chief State School OfficersState Directors of Special EducationFROM:Melody Musgrove, Ed.D. DirectorOffice of Special Education ProgramsSUBJECT:Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act (Part B)The purpose of this Memorandum is to introduce the updated and combined question and answer (Q&A) document on the dispute resolution procedures that are set out in the Part B regulations, published in the Federal Register on August 14, 2006, including mediation procedures (34 CFR 300.506), State complaint procedures (34 CFR 300.151-300.153), and due process procedures (34 CFR 300.507-300.516 and 300.532-300.533). The Office of Special Education Programs (OSEP) encourages parents and local educational agencies (LEAs) to work collaboratively, in the best interests of children, to resolve the disagreements that may occur when working to provide a positive educational experience for all children, including children with disabilities. To this end, the IDEA and its implementing regulations provide specific options for resolving disputes between parents and public agencies, which can be used in a manner consistent with our shared goals of improving results and achieving better outcomes for children with disabilities. The attached Q&A document provides responses to frequently asked questions to faciliAttachmentQuestions and Answers on IDEA Part B Dispute Resolution Procedures Revised July 2013Regulations for Part B of the Individuals with Disabilities Education Act (IDEA) were published in the Federal Register on August 14, 2006, and became effective on October 13, 2006. Supplemental IDEA regulations were published on December 1, 2008, and became effective on December 31, 2008. Since publication of the regulations, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education (Department) has received requests for clarification of some of these regulations. This is one of a series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics. Each Q&A document will be updated to add new questions and answers as other important issues arise or to amend existing questions and answers as needed. OSERS issues this Q&A document to provide parents, parent training and information centers, school personnel, State educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations, and other interested parties with information to facili11:Does the IDEA address where mediation sessions are held? PAGEREF _Toc352754577 h 8 HYPERLINK l "_Toc352754578" Question A-12:Who may participate in, or attend, the mediation session? May parents or public agencies bring their attorneys to mediation sessions and, if so, under what circumstances? PAGEREF _Toc352754578 h 8 HYPERLINK l "_Toc352754579" Question A-13:May a child with a disability who is the subject of the mediation process attend the mediation session with his or her parent? PAGEREF _Toc352754579 h 8 HYPERLINK l "_Toc352754580" Question A-14:What options are available if a parent declines a public agency's request to engage in mediation? PAGEREF _Toc352754580 h 9 HYPERLINK l "_Toc352754581" Question A-15:May a State use IDEA funds for recruitment and training of mediators? PAGEREF _Toc352754581 h 9 HYPERLINK l "_Toc352754582" Question A-16:Who pays for the mediation process? PAGEREF _Toc352754582 h 9 HYPERLINK l "_Toc352754583" Question A-17:How is a mediator selected? PAGEREF _Toc352754583 h 10 HYPERLINK l "_Toc352754584" Question A-18:May more than one mediator be se10:If there is a finding in a State complaint that a child or group of children has been denied FAPE, what are the remedies? PAGEREF _Toc352754605 h 21 HYPERLINK l "_Toc352754606" Question B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? PAGEREF _Toc352754606 h 21 HYPERLINK l "_Toc352754607" Question B-12:How does an SEA resolve a complaint against itself? PAGEREF _Toc352754607 h 22 HYPERLINK l "_Toc352754608" Question B-13:May States establish procedures permitting a State complaint to be filed electronically? PAGEREF _Toc352754608 h 22 HYPERLINK l "_Toc352754609" Question B-14:Must States have procedures for tracking when State complaints are received, including State complaints filed electronically, if applicable? PAGEREF _Toc352754609 h 23 HYPERLINK l "_Toc352754610" Question B-15:What is an SEA's responsibility to resolve a complaint if the complaint submitted to the SEA does not include all of the content required in 34CFR300.153? PAGEREF _Toc352754610 h 243:What happens after a due process complaint is submitted? PAGEREF _Toc352754633 h 35 HYPERLINK l "_Toc352754634" Question C-4:What happens if a hearing officer determines that a due process complaint is insufficient? PAGEREF _Toc352754634 h 36 HYPERLINK l "_Toc352754635" Question C-5:What is the timeline for filing a due process complaint? PAGEREF _Toc352754635 h 36 HYPERLINK l "_Toc352754636" Question C-6:May States establish procedures permitting a due process complaint to be filed electronically? PAGEREF _Toc352754636 h 37 HYPERLINK l "_Toc352754637" Question C-7:Must States have procedures for tracking when due process complaints are received, including due process complaints filed electronically if a State accepts due process complaints filed electronically? PAGEREF _Toc352754637 h 38 HYPERLINK l "_Toc352754638" Question C-8:Are there any mechanisms that an SEA must provide to assist parents and public agencies in filing a due process complaint? PAGEREF _Toc352754638 h 38 HYPERLINK l "_Toc352754639" Question C-9:May a parent file a due process complaint because his or her child's teacher i3:Does the parent still have the right to challenge the sufficiency of the due process complaint when an LEA files a due process complaint? Must the parent respond to the LEA's due process complaint? PAGEREF _Toc352754661 h 50 HYPERLINK l "_Toc352754662" Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? PAGEREF _Toc352754662 h 51 HYPERLINK l "_Toc352754663" Question D-5:If a parent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for convening a resolution meeting begin? PAGEREF _Toc352754663 h 51 HYPERLINK l "_Toc352754664" Question D-6:Are there circumstances in which an LEA would not be required to convene a resolution meeting when it receives notice of a parent's due process complaint? PAGEREF _Toc352754664 h 52 HYPERLINK l "_Toc352754665" Question D-7:Does the timeline for a due process hearing decision always begin after the 30-day resolution period? PAGEREF _Toc352754665 h 52 HYPERLINK5:How must SEAs and LEAs apply the timeline requirements for expedited due process hearings if the due process complaint is filed when school is not in session? PAGEREF _Toc352754689 h 62 HYPERLINK l "_Toc352754690" Question E-6: May a party challenge the sufficiency of a due process complaint requesting an expedited due process hearing? PAGEREF _Toc352754690 h 63 HYPERLINK l "_Toc352754691" Question E-7:May a hearing officer extend the timeline for making a determination in an expedited due process hearing? PAGEREF _Toc352754691 h 63 HYPERLINK l "_Toc352754692" Question E-8:How can the parties meet the requirement in 34CFR300.512(b) to disclose evaluations and recommendations to all parties at least five business days before an expedited due process hearing begins? PAGEREF _Toc352754692 h 63 HYPERLINK l "_Toc352754693" Question E-9:May a school district proceed directly to court for a temporary injunction to remove a student from his or her current educational placement for disciplinary reasons or must the school district exhaust administrative remedies by first filing a due process complaint to request an expediteAnswer:The Department provided the following pertinent explanation in Question L-1 in Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011:As provided in 34CFR300.140(b), a parent of a child enrolled by that parent in a private school has the right to file a due process complaint [and use the mediation procedures in 34CFR300.506] regarding the child find requirements in 34CFR300.131, including the requirements in 34CFR300.300 through 300.311. The due process provisions in section 615 of the Act and 34CFR300.504 through 300.519 of the regulations [which include the mediation procedures in 34CFR300.506], do not apply to issues regarding the provision of services to any particular parentally-placed private school child with disabilities whom an LEA has agreed to serve because there is no individual right to services for such children under the IDEA. 34CFR300.140(a). Disputes that arise about equitable services are, however, properly subject to the State complaint procedures in 34CFR300.151 through 300.153 [described in Section B of this Q&A document]. As provided in 34CFR300.140(c), a parent may file a signed written Answer:As noted previously, the IDEA and its implementing regulations do not allow a public agency to require a parent to participate in mediation because mediation is voluntary. However, a public agency may establish procedures to offer parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested third party: (1) who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the State established under section 671 or 672 of the IDEA; and (2) who would explain the benefits of, and encourage the use of, the mediation process to the parents. 34CFR300.506(b)(2). Public agencies that choose to establish these procedures must make clear to parents and schools that they have the opportunity to participate in the meeting with the disinterested third party, but that their participation is voluntary. The disinterested third party would explain the benefits of mediation, including that it is voluntary, and if successful, could result in the resolution of the dispute without the need to use more formal, costly, and rt of the United States. 34CFR300.506(b)(7). However, notwithstanding the provisions in 34CFR300.506(b)(7) addressing judicial enforcement of mediation agreements and 300.510(d)(2), addressing judicial enforcement of resolution agreements, nothing in part 300 would prevent the SEA from using other mechanisms to seek enforcement of those agreements, provided that the use of the State's mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States. 34CFR300.537. Therefore, in addition to judicial enforcement of mediation and resolution agreements, 34CFR300.537 gives States the flexibility to allow enforcement of those agreements through other State mechanisms such as their State complaint resolution procedures in 34CFR300.151-300.153. 71 FR 46604-46605 and 71 FR 46703 (August 14, 2006). Question A-28:May a parent file a State complaint on matters that were not addressed in, or that arose after the time covered by, the mediation agreement? Answer:Yes. If the mediation agreement covers a specific time perAnswer: Some differences include who can file each type of complaint, subject matter, timing, procedures, and appeal processes. More parties are eligible to file a State complaint than a due process complaint. As explained in Question B-3, a State complaint may be filed by an organization or individual, including one from another State. In contrast, only a parent or a public agency may file a due process complaint. Therefore, while a parent has the option of filing a State complaint or a due process complaint to request a due process hearing, an organization or individual, other than a child's parent may not file a due process complaint to request a due process hearing. Another difference is the subject matter of each type of complaint. A State complaint must allege that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations, but a due process complaint is available for matters regarding the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child. Therefore, while a matter that could be the subject of a due process complaint could also be the subject of a State complaint, the reverse is not always tQuestion B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? Answer:An SEA is required to resolve any complaint that meets the requirements of 34CFR300.153 filed by an organization or individual, including one from another State. This includes a signed written complaint alleging that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations regarding a particular child with a disability, regardless of whether the State complaint has been filed by the child's parent or by an organization or individual other than the child's parent. Thus, in resolving such a complaint, the SEA would be required to follow the minimum State complaint procedures in 34CFR300.152 as it would for any other State complaint that alleges that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations.If a complaint is filed by an organization or individual other than the parent, parental consent must be obtained before an SEA may provide personally identifiable information about a child to a non-parent complainant as part of the complaint decision. 34CFR9Answer: Under 34CFR300.153(d), the complainant must provide a copy of the complaint to the LEA or public agency serving the child at the same time the complaint is filed with the SEA. The regulations do not specifically address a situation where the complainant only provides the complaint to the SEA and does not forward it to the LEA or public agency serving the child. An SEA should include the actions that will be taken under these circumstances in its complaint procedures established under 34CFR300.151(a) and provide proper notice of its procedures. An SEA's complaint procedures should address how the complainant's failure to provide the required copy to the LEA or public agency serving the child will affect the initiation of the complaint resolution and/or the time limit for completing the complaint resolution. For example, an SEA could adopt procedures that include advising the complainant in writing that the complaint resolution will not proceed and the 60-day time limit will not begin until the complainant provides the LEA or public agency serving the child with a copy of the complaint as required by the regulations. 71 FR 46606 (August 14, 2006). As an additional protection for parents, consQuestion B-27:If a parent has filed a State complaint and the State's resolution is still in process, can the parent request a due process hearing pending resolution of the State complaint?Answer:Yes. A parent who has filed a State complaint is not prevented from filing a due process complaint on the same or similar issues. However, if a parent files a due process complaint and the hearing officer rules on that issue, the due process hearing decision is binding as to that issue. Therefore, while the State may have begun the process of resolving a State complaint prior to the receipt of a due process complaint, pursuant to 34CFR300.152(c)(1), the State must set aside any issues in the State complaint that are being addressed in the due process hearing. As indicated in Question B-26, any issue in the State complaint that is not part of the due process action must be resolved using the State complaint resolution procedures in accordance with 34CFR300.152(a) and (b). 34CFR300.152(c).Question B-28:May a State complaint be filed on an issue that was previously decided in a due process hearing?Answer:Under 34CFR300.152(c)(2)(i), if a hearing officer has previously ruled on an issue at a due proce34CFR300.53734CFR300.60034CFR300.611-300.626C. Due Process Complaints and Due Process Hearing ProceduresAuthority:The requirements for due process complaints and due process hearings are found in the regulations at 34CFR300.507-300.516. Question C-1: Why does the IDEA require that a party file a due process complaint in order to request a due process hearing?Answer: The IDEA Amendments of 2004 made significant changes to IDEA's due process procedures, and parties no longer have the right to request a due process hearing directly. Rather, in order to request a due process hearing under the IDEA, a party (a parent or a public agency) or the attorney representing the party, first must file a due process complaint consistent with 34CFR300.507 and 300.508. When a parent or a parent's attorney files a due process complaint, the IDEA provides for a 30-day resolution period, subject to certain adjustments, prior to the initiation of a due process hearing. 34CFR300.510. The purpose of the resolution process is to attempt to achieve a prompt resolution of the parent's due process complaint as early as possible at the local level and to avoid the need for a more costly, adversarial, a time limitation for filing a due process complaint under 34CFRpart 300, in the time allowed by that State law. 34CFR300.507(a)(2). The applicable timelines described above do not apply to a parent if the parent was prevented from filing a due process complaint due to: (1) specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint; or (2) the LEA's withholding of information from the parent it was required under part 300 to provide to the parent. 34CFR300.511(f). There is nothing in the IDEA or the Part B regulations that would preclude a State from having a time limit for filing a due process complaint that is shorter or longer than two years. 71 FR 46697 (August 14, 2006). The time limitation for filing a due process complaint used by the State, whether the IDEA timeline or the State-established timeline, must be included in the notice of procedural safeguards that must be given to parents one time a year and upon receipt of the first due process complaint under 34CFR300.507 in a school year. 34CFR300.504(a)(2) and 300.504(c)(5)(i). Question C-6:May States establish procedures permiHowever, if a parent of a child who is home schooled or parentally-placed in a private school by the parent at the parent's expense does not provide consent (or fails to respond to a request to provide consent) for the initial evaluation or reevaluation of his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the evaluation or reevaluation may be provided to the child. 34CFR300.300(d)(4). In addition, if a parent fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the services may be provided to the child. 34CFR300.300(b)(3). Further, if at any time subsequent to the initial provision of special education and related services, a parent revokes consent in writing for the continued provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling thQuestion C-22:When would it be permissible for a hearing officer to extend the 45-day timeline for issuing a final decision in a due process hearing on a due process complaint or for a reviewing officer to extend the 30-day timeline for issuing a final decision in an appeal to the SEA, if applicable? Answer:The timelines for due process hearings and reviews described in 34CFR300.515(a) and (b) may only be extended if a hearing officer or reviewing officer exercises the authority to grant a specific extension of time at the request of a party to the hearing or review. 34CFR300.515(c). A hearing officer may not unilaterally extend the 45-day due process hearing timeline. Also, a hearing officer may not extend the hearing decision timeline for an unspecified time period, even if a party to the hearing requests an extension but does not specify a time period for the extension. Likewise, a reviewing officer may not unilaterally extend the 30-day timeline for reviewing the hearing decision. In addition, a reviewing officer may not extend the review decision timeline for an unspecified time period, even if a party to the review requests an extension but does not specify a time period for the extension.Q34CFR300.507-300.51634CFR300.52034CFR300.60034CFR300.611-300.626The Q&A documents cited in this section can be found at: Questions and Answers on Highly Qualified Teachers Serving Children with Disabilities, January 2007: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2C"http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2CQuestions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C" http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2CD.Resolution ProcessAuthority:The requirements for the resolution process are found in the regulations at 34CFR300.510.Question D-1:What is the purpose of the resolution meeting? Answer:The purpose of the resolution meeting is to achieve a prompt and early resolution of a parent's due process complaint to avoid the need for a more costly, adversarial, and time-consuming due process hearing and the potential for civil litigation. Section 300.510(a)(1) of the Part B regulations, consistent with section 615(f)(1)(B)(i) of the IDEA, provides that within Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? Answer:Yes. Under 34CFR300.508(d)(3), a party may amend its due process complaint subject to the following conditions. The other party must consent in writing to the amendment and be given the opportunity to resolve the complaint through a meeting held pursuant to 34CFR300.510. Alternatively, the hearing officer may grant permission to amend the complaint at any time not later than five days before the due process hearing begins. This process is intended to ensure that the parties involved understand the nature of the complaint before the due process hearing begins. 71 FR 46698 (August 14, 2006).Under 34CFR300.508(d)(4), when a due process complaint is amended, the timeline for the resolution meeting and the time period for resolving the complaint begin again with the filing of the amended due process complaint. 71 FR 46698 (August 14, 2006).Question D-5:rent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for conveniAnswer:Yes. If there is no adjustment to the 30-day resolution period timeline as described in Question D-7, and if the LEA or the parent does not seek the hearing officer's intervention as described in Question D-13, regardless of the reasons for the parties' inaction, the 45-day timeline for a due process hearing decision would remain in effect. 34CFR300.510(b)(2) and 300.515(a). Question D-15:What is the SEA's responsibility for ensuring that LEAs comply with the resolution process requirements?Answer:As explained in the Analysis of Comments and Changes, the Department fully expects that only in very rare situations will an LEA fail to meet its obligation to convene a resolution meeting within 15 days of receiving notice of the parent's due process complaint, delay the due process hearing by scheduling meetings at times or places that are inconvenient for the parent, or otherwise not participate in good faith in the resolution process. In instances of noncompliance, parents are able to request a hearing officer to allow the due process hearing to proceed. 71 FR 46702 (August 14, 2006). In addition, an SEA has an affirmative obligation to ensure its LEAs' compliance with the resolution process tKey regulatory references related to the resolution process, as cited above, can be found at HYPERLINK "http://idea.ed.gov/explore/home" http://idea.ed.gov/explore/home, and include the following:34CFR300.1134CFR300.14934CFR300.506-300.51634CFR300.53734CFR300.60034CFR300.611-300.626E.Expedited Due Process HearingsAuthority:The requirements for expedited due process hearings are found in the regulations at 34CFR300.532-533.Question E-1:What is an expedited due process hearing? Answer:An expedited due process hearing is a hearing involving a due process complaint regarding a disciplinary matter, which is subject to shorter timelines than a due process hearing conducted pursuant to 34CFR300.507-300.516. Under 34CFR300.532(a), a parent of a child with a disability who disagrees with any decision regarding placement under 34CFR300.530 and 300.531, or the manifestation determination under 34CFR300.530(e), or an LEA that believes that maintaining the child's placement is substantially likely to result in injury to the child or to others, may appeal the decision by requesting a hearing. If a parent or LEA files a due process complaint to request a due process hearing uFurther, the expedited due process hearing must occur within 20 school days from the date that the parent's due process complaint requesting a due process hearing is filed. Thus, the resolution period is part of, and not separate from, the expedited due process hearing timeline. If an expedited due process hearing occurs, the hearing officer must make a determination within 10 school days after the hearing. 34CFR300.532(c)(2).Question E-4:May the parties mutually agree to extend the resolution period to resolve an expedited due process complaint? Answer:No. There is no provision in the IDEA or the Part B regulations that permits adjustments to the 15-day resolution period for expedited due process complaints. 34CFR300.532(c). Also, there is no provision in the Part B regulations permitting the parties to agree to extend this time period. Therefore, when the parties have participated in a resolution meeting or engaged in mediation and the dispute has not been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint, the expedited due process hearing may proceed. 34CFR300.532(c)(3)(ii). Question E-5:How must SEAs and LEAs apply the timeline reqse contact the Office for Civil Rights Enforcement Office that serves your State. Contact information for these offices can be found at: HYPERLINK "http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm" http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. The Education for All Handicapped Children Act refers to Public Law (Pub. L.) 94-142. It is the predecessor statute to Part B of the IDEA. After the U.S. Department of Education was created, the Part B regulations in part 121a of title 45 of the Code of Federal Regulations (CFR) were removed and recodified in title 34 CFR part 300. The former 34 CFR 300.506 and its accompanying comment were unchanged and remained in effect until May 11, 1999. This Q&A document includes references to Assistance to States for the Education of Children with Disabilities and Early Intervention Programs for Infants and Toddlers with Disabilities, Final Regulations, Analysis of Comments and Changes, 64 Federal Register 12406, 12537-12656 (Mar. 12, 1999). This document will be cited throughout this Q&A as 64 FR with the appropriate page number. Under 34 CFR 300.30(a), the term parent means: (1) a biological or adoptive pation A of this Q&A document. For more information on State complaint procedures, see Section B of this Q&A document. See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majority under State law. For expedited due process complaints, the resolution meeting must occur within seven days of receiving notice of the parent's due process complaint. 34 CFR 300.532(c)(3). The resolution process requirements for expedited due process complaints are described in more detail in Section E of this Q&A document. It should be noted, however, that one way for an LEA to amend a due process complaint that is not sufficient, is for the parent to agree in writing and be given an opportunity to resolve the LEA's due process complaint through a resolution meeting. 34 CFR 300.508(d)(3)(i). See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majoQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page iiQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 5 Questions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 1 Desktop\DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesJuly 23, 2013Contact Person: Gregg CorrTelephone: 202-245-7309OSEP MEMO 13-08MEMORANDUMTO:Chief State School OfficersState Directors of Special EducationFROM:Melody Musgrove, Ed.D. DirectorOffice of Special Education ProgramsSUBJECT:Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act (Part B)The purpose of this Memorandum is to introduce the updated and combined question and answer (Q&A) document on the dispute resolution procedures that are set out in the Part B regulations, published in the Federal Register on August 14, 2006, including mediation procedures (34 CFR 300.506), State complaint procedures (34 CFR 300.151-300.153), and due process procedures (34 CFR 300.507-300.516 and 300.532-300.533). The Office of Special Education Programs (OSEP) encourages parents and local educational agencies (LEAs) to work collaboratively, in the best interests of children, to resolve the disagreements that may occur when working to provide a positive educational experience for all children, including children with disabilities. To this end, the IDEA and its implementing regulations provide specific options for resolving disputes between parents and public agencies, which can be used in a manner consistent with our shared goals of improving results and achieving better outcomes for children with disabilities. The attached Q&A document provides responses to frequently asked questions to faciliAttachmentQuestions and Answers on IDEA Part B Dispute Resolution Procedures Revised July 2013Regulations for Part B of the Individuals with Disabilities Education Act (IDEA) were published in the Federal Register on August 14, 2006, and became effective on October 13, 2006. Supplemental IDEA regulations were published on December 1, 2008, and became effective on December 31, 2008. Since publication of the regulations, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education (Department) has received requests for clarification of some of these regulations. This is one of a series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics. Each Q&A document will be updated to add new questions and answers as other important issues arise or to amend existing questions and answers as needed. OSERS issues this Q&A document to provide parents, parent training and information centers, school personnel, State educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations, and other interested parties with information to facili11:Does the IDEA address where mediation sessions are held? PAGEREF _Toc352754577 h 8 HYPERLINK l "_Toc352754578" Question A-12:Who may participate in, or attend, the mediation session? May parents or public agencies bring their attorneys to mediation sessions and, if so, under what circumstances? PAGEREF _Toc352754578 h 8 HYPERLINK l "_Toc352754579" Question A-13:May a child with a disability who is the subject of the mediation process attend the mediation session with his or her parent? PAGEREF _Toc352754579 h 8 HYPERLINK l "_Toc352754580" Question A-14:What options are available if a parent declines a public agency's request to engage in mediation? PAGEREF _Toc352754580 h 9 HYPERLINK l "_Toc352754581" Question A-15:May a State use IDEA funds for recruitment and training of mediators? PAGEREF _Toc352754581 h 9 HYPERLINK l "_Toc352754582" Question A-16:Who pays for the mediation process? PAGEREF _Toc352754582 h 9 HYPERLINK l "_Toc352754583" Question A-17:How is a mediator selected? PAGEREF _Toc352754583 h 10 HYPERLINK l "_Toc352754584" Question A-18:May more than one mediator be se10:If there is a finding in a State complaint that a child or group of children has been denied FAPE, what are the remedies? PAGEREF _Toc352754605 h 21 HYPERLINK l "_Toc352754606" Question B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? PAGEREF _Toc352754606 h 21 HYPERLINK l "_Toc352754607" Question B-12:How does an SEA resolve a complaint against itself? PAGEREF _Toc352754607 h 22 HYPERLINK l "_Toc352754608" Question B-13:May States establish procedures permitting a State complaint to be filed electronically? PAGEREF _Toc352754608 h 22 HYPERLINK l "_Toc352754609" Question B-14:Must States have procedures for tracking when State complaints are received, including State complaints filed electronically, if applicable? PAGEREF _Toc352754609 h 23 HYPERLINK l "_Toc352754610" Question B-15:What is an SEA's responsibility to resolve a complaint if the complaint submitted to the SEA does not include all of the content required in 34CFR300.153? PAGEREF _Toc352754610 h 243:What happens after a due process complaint is submitted? PAGEREF _Toc352754633 h 35 HYPERLINK l "_Toc352754634" Question C-4:What happens if a hearing officer determines that a due process complaint is insufficient? PAGEREF _Toc352754634 h 36 HYPERLINK l "_Toc352754635" Question C-5:What is the timeline for filing a due process complaint? PAGEREF _Toc352754635 h 36 HYPERLINK l "_Toc352754636" Question C-6:May States establish procedures permitting a due process complaint to be filed electronically? PAGEREF _Toc352754636 h 37 HYPERLINK l "_Toc352754637" Question C-7:Must States have procedures for tracking when due process complaints are received, including due process complaints filed electronically if a State accepts due process complaints filed electronically? PAGEREF _Toc352754637 h 38 HYPERLINK l "_Toc352754638" Question C-8:Are there any mechanisms that an SEA must provide to assist parents and public agencies in filing a due process complaint? PAGEREF _Toc352754638 h 38 HYPERLINK l "_Toc352754639" Question C-9:May a parent file a due process complaint because his or her child's teacher i3:Does the parent still have the right to challenge the sufficiency of the due process complaint when an LEA files a due process complaint? Must the parent respond to the LEA's due process complaint? PAGEREF _Toc352754661 h 50 HYPERLINK l "_Toc352754662" Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? PAGEREF _Toc352754662 h 51 HYPERLINK l "_Toc352754663" Question D-5:If a parent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for convening a resolution meeting begin? PAGEREF _Toc352754663 h 51 HYPERLINK l "_Toc352754664" Question D-6:Are there circumstances in which an LEA would not be required to convene a resolution meeting when it receives notice of a parent's due process complaint? PAGEREF _Toc352754664 h 52 HYPERLINK l "_Toc352754665" Question D-7:Does the timeline for a due process hearing decision always begin after the 30-day resolution period? PAGEREF _Toc352754665 h 52 HYPERLINK5:How must SEAs and LEAs apply the timeline requirements for expedited due process hearings if the due process complaint is filed when school is not in session? PAGEREF _Toc352754689 h 62 HYPERLINK l "_Toc352754690" Question E-6: May a party challenge the sufficiency of a due process complaint requesting an expedited due process hearing? PAGEREF _Toc352754690 h 63 HYPERLINK l "_Toc352754691" Question E-7:May a hearing officer extend the timeline for making a determination in an expedited due process hearing? PAGEREF _Toc352754691 h 63 HYPERLINK l "_Toc352754692" Question E-8:How can the parties meet the requirement in 34CFR300.512(b) to disclose evaluations and recommendations to all parties at least five business days before an expedited due process hearing begins? PAGEREF _Toc352754692 h 63 HYPERLINK l "_Toc352754693" Question E-9:May a school district proceed directly to court for a temporary injunction to remove a student from his or her current educational placement for disciplinary reasons or must the school district exhaust administrative remedies by first filing a due process complaint to request an expediteAnswer:The Department provided the following pertinent explanation in Question L-1 in Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011:As provided in 34CFR300.140(b), a parent of a child enrolled by that parent in a private school has the right to file a due process complaint [and use the mediation procedures in 34CFR300.506] regarding the child find requirements in 34CFR300.131, including the requirements in 34CFR300.300 through 300.311. The due process provisions in section 615 of the Act and 34CFR300.504 through 300.519 of the regulations [which include the mediation procedures in 34CFR300.506], do not apply to issues regarding the provision of services to any particular parentally-placed private school child with disabilities whom an LEA has agreed to serve because there is no individual right to services for such children under the IDEA. 34CFR300.140(a). Disputes that arise about equitable services are, however, properly subject to the State complaint procedures in 34CFR300.151 through 300.153 [described in Section B of this Q&A document]. As provided in 34CFR300.140(c), a parent may file a signed written Answer:As noted previously, the IDEA and its implementing regulations do not allow a public agency to require a parent to participate in mediation because mediation is voluntary. However, a public agency may establish procedures to offer parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested third party: (1) who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the State established under section 671 or 672 of the IDEA; and (2) who would explain the benefits of, and encourage the use of, the mediation process to the parents. 34CFR300.506(b)(2). Public agencies that choose to establish these procedures must make clear to parents and schools that they have the opportunity to participate in the meeting with the disinterested third party, but that their participation is voluntary. The disinterested third party would explain the benefits of mediation, including that it is voluntary, and if successful, could result in the resolution of the dispute without the need to use more formal, costly, and rt of the United States. 34CFR300.506(b)(7). However, notwithstanding the provisions in 34CFR300.506(b)(7) addressing judicial enforcement of mediation agreements and 300.510(d)(2), addressing judicial enforcement of resolution agreements, nothing in part 300 would prevent the SEA from using other mechanisms to seek enforcement of those agreements, provided that the use of the State's mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States. 34CFR300.537. Therefore, in addition to judicial enforcement of mediation and resolution agreements, 34CFR300.537 gives States the flexibility to allow enforcement of those agreements through other State mechanisms such as their State complaint resolution procedures in 34CFR300.151-300.153. 71 FR 46604-46605 and 71 FR 46703 (August 14, 2006). Question A-28:May a parent file a State complaint on matters that were not addressed in, or that arose after the time covered by, the mediation agreement? Answer:Yes. If the mediation agreement covers a specific time perAnswer: Some differences include who can file each type of complaint, subject matter, timing, procedures, and appeal processes. More parties are eligible to file a State complaint than a due process complaint. As explained in Question B-3, a State complaint may be filed by an organization or individual, including one from another State. In contrast, only a parent or a public agency may file a due process complaint. Therefore, while a parent has the option of filing a State complaint or a due process complaint to request a due process hearing, an organization or individual, other than a child's parent may not file a due process complaint to request a due process hearing. Another difference is the subject matter of each type of complaint. A State complaint must allege that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations, but a due process complaint is available for matters regarding the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child. Therefore, while a matter that could be the subject of a due process complaint could also be the subject of a State complaint, the reverse is not always tQuestion B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? Answer:An SEA is required to resolve any complaint that meets the requirements of 34CFR300.153 filed by an organization or individual, including one from another State. This includes a signed written complaint alleging that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations regarding a particular child with a disability, regardless of whether the State complaint has been filed by the child's parent or by an organization or individual other than the child's parent. Thus, in resolving such a complaint, the SEA would be required to follow the minimum State complaint procedures in 34CFR300.152 as it would for any other State complaint that alleges that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations.If a complaint is filed by an organization or individual other than the parent, parental consent must be obtained before an SEA may provide personally identifiable information about a child to a non-parent complainant as part of the complaint decision. 34CFR9Answer: Under 34CFR300.153(d), the complainant must provide a copy of the complaint to the LEA or public agency serving the child at the same time the complaint is filed with the SEA. The regulations do not specifically address a situation where the complainant only provides the complaint to the SEA and does not forward it to the LEA or public agency serving the child. An SEA should include the actions that will be taken under these circumstances in its complaint procedures established under 34CFR300.151(a) and provide proper notice of its procedures. An SEA's complaint procedures should address how the complainant's failure to provide the required copy to the LEA or public agency serving the child will affect the initiation of the complaint resolution and/or the time limit for completing the complaint resolution. For example, an SEA could adopt procedures that include advising the complainant in writing that the complaint resolution will not proceed and the 60-day time limit will not begin until the complainant provides the LEA or public agency serving the child with a copy of the complaint as required by the regulations. 71 FR 46606 (August 14, 2006). As an additional protection for parents, consQuestion B-27:If a parent has filed a State complaint and the State's resolution is still in process, can the parent request a due process hearing pending resolution of the State complaint?Answer:Yes. A parent who has filed a State complaint is not prevented from filing a due process complaint on the same or similar issues. However, if a parent files a due process complaint and the hearing officer rules on that issue, the due process hearing decision is binding as to that issue. Therefore, while the State may have begun the process of resolving a State complaint prior to the receipt of a due process complaint, pursuant to 34CFR300.152(c)(1), the State must set aside any issues in the State complaint that are being addressed in the due process hearing. As indicated in Question B-26, any issue in the State complaint that is not part of the due process action must be resolved using the State complaint resolution procedures in accordance with 34CFR300.152(a) and (b). 34CFR300.152(c).Question B-28:May a State complaint be filed on an issue that was previously decided in a due process hearing?Answer:Under 34CFR300.152(c)(2)(i), if a hearing officer has previously ruled on an issue at a due proce34CFR300.53734CFR300.60034CFR300.611-300.626C. Due Process Complaints and Due Process Hearing ProceduresAuthority:The requirements for due process complaints and due process hearings are found in the regulations at 34CFR300.507-300.516. Question C-1: Why does the IDEA require that a party file a due process complaint in order to request a due process hearing?Answer: The IDEA Amendments of 2004 made significant changes to IDEA's due process procedures, and parties no longer have the right to request a due process hearing directly. Rather, in order to request a due process hearing under the IDEA, a party (a parent or a public agency) or the attorney representing the party, first must file a due process complaint consistent with 34CFR300.507 and 300.508. When a parent or a parent's attorney files a due process complaint, the IDEA provides for a 30-day resolution period, subject to certain adjustments, prior to the initiation of a due process hearing. 34CFR300.510. The purpose of the resolution process is to attempt to achieve a prompt resolution of the parent's due process complaint as early as possible at the local level and to avoid the need for a more costly, adversarial, a time limitation for filing a due process complaint under 34CFRpart 300, in the time allowed by that State law. 34CFR300.507(a)(2). The applicable timelines described above do not apply to a parent if the parent was prevented from filing a due process complaint due to: (1) specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint; or (2) the LEA's withholding of information from the parent it was required under part 300 to provide to the parent. 34CFR300.511(f). There is nothing in the IDEA or the Part B regulations that would preclude a State from having a time limit for filing a due process complaint that is shorter or longer than two years. 71 FR 46697 (August 14, 2006). The time limitation for filing a due process complaint used by the State, whether the IDEA timeline or the State-established timeline, must be included in the notice of procedural safeguards that must be given to parents one time a year and upon receipt of the first due process complaint under 34CFR300.507 in a school year. 34CFR300.504(a)(2) and 300.504(c)(5)(i). Question C-6:May States establish procedures permiHowever, if a parent of a child who is home schooled or parentally-placed in a private school by the parent at the parent's expense does not provide consent (or fails to respond to a request to provide consent) for the initial evaluation or reevaluation of his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the evaluation or reevaluation may be provided to the child. 34CFR300.300(d)(4). In addition, if a parent fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the services may be provided to the child. 34CFR300.300(b)(3). Further, if at any time subsequent to the initial provision of special education and related services, a parent revokes consent in writing for the continued provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling thQuestion C-22:When would it be permissible for a hearing officer to extend the 45-day timeline for issuing a final decision in a due process hearing on a due process complaint or for a reviewing officer to extend the 30-day timeline for issuing a final decision in an appeal to the SEA, if applicable? Answer:The timelines for due process hearings and reviews described in 34CFR300.515(a) and (b) may only be extended if a hearing officer or reviewing officer exercises the authority to grant a specific extension of time at the request of a party to the hearing or review. 34CFR300.515(c). A hearing officer may not unilaterally extend the 45-day due process hearing timeline. Also, a hearing officer may not extend the hearing decision timeline for an unspecified time period, even if a party to the hearing requests an extension but does not specify a time period for the extension. Likewise, a reviewing officer may not unilaterally extend the 30-day timeline for reviewing the hearing decision. In addition, a reviewing officer may not extend the review decision timeline for an unspecified time period, even if a party to the review requests an extension but does not specify a time period for the extension.Q34CFR300.507-300.51634CFR300.52034CFR300.60034CFR300.611-300.626The Q&A documents cited in this section can be found at: Questions and Answers on Highly Qualified Teachers Serving Children with Disabilities, January 2007: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2C"http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2CQuestions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C" http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2CD.Resolution ProcessAuthority:The requirements for the resolution process are found in the regulations at 34CFR300.510.Question D-1:What is the purpose of the resolution meeting? Answer:The purpose of the resolution meeting is to achieve a prompt and early resolution of a parent's due process complaint to avoid the need for a more costly, adversarial, and time-consuming due process hearing and the potential for civil litigation. Section 300.510(a)(1) of the Part B regulations, consistent with section 615(f)(1)(B)(i) of the IDEA, provides that within Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? Answer:Yes. Under 34CFR300.508(d)(3), a party may amend its due process complaint subject to the following conditions. The other party must consent in writing to the amendment and be given the opportunity to resolve the complaint through a meeting held pursuant to 34CFR300.510. Alternatively, the hearing officer may grant permission to amend the complaint at any time not later than five days before the due process hearing begins. This process is intended to ensure that the parties involved understand the nature of the complaint before the due process hearing begins. 71 FR 46698 (August 14, 2006).Under 34CFR300.508(d)(4), when a due process complaint is amended, the timeline for the resolution meeting and the time period for resolving the complaint begin again with the filing of the amended due process complaint. 71 FR 46698 (August 14, 2006).Question D-5:rent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for conveniAnswer:Yes. If there is no adjustment to the 30-day resolution period timeline as described in Question D-7, and if the LEA or the parent does not seek the hearing officer's intervention as described in Question D-13, regardless of the reasons for the parties' inaction, the 45-day timeline for a due process hearing decision would remain in effect. 34CFR300.510(b)(2) and 300.515(a). Question D-15:What is the SEA's responsibility for ensuring that LEAs comply with the resolution process requirements?Answer:As explained in the Analysis of Comments and Changes, the Department fully expects that only in very rare situations will an LEA fail to meet its obligation to convene a resolution meeting within 15 days of receiving notice of the parent's due process complaint, delay the due process hearing by scheduling meetings at times or places that are inconvenient for the parent, or otherwise not participate in good faith in the resolution process. In instances of noncompliance, parents are able to request a hearing officer to allow the due process hearing to proceed. 71 FR 46702 (August 14, 2006). In addition, an SEA has an affirmative obligation to ensure its LEAs' compliance with the resolution process tKey regulatory references related to the resolution process, as cited above, can be found at HYPERLINK "http://idea.ed.gov/explore/home" http://idea.ed.gov/explore/home, and include the following:34CFR300.1134CFR300.14934CFR300.506-300.51634CFR300.53734CFR300.60034CFR300.611-300.626E.Expedited Due Process HearingsAuthority:The requirements for expedited due process hearings are found in the regulations at 34CFR300.532-533.Question E-1:What is an expedited due process hearing? Answer:An expedited due process hearing is a hearing involving a due process complaint regarding a disciplinary matter, which is subject to shorter timelines than a due process hearing conducted pursuant to 34CFR300.507-300.516. Under 34CFR300.532(a), a parent of a child with a disability who disagrees with any decision regarding placement under 34CFR300.530 and 300.531, or the manifestation determination under 34CFR300.530(e), or an LEA that believes that maintaining the child's placement is substantially likely to result in injury to the child or to others, may appeal the decision by requesting a hearing. If a parent or LEA files a due process complaint to request a due process hearing uFurther, the expedited due process hearing must occur within 20 school days from the date that the parent's due process complaint requesting a due process hearing is filed. Thus, the resolution period is part of, and not separate from, the expedited due process hearing timeline. If an expedited due process hearing occurs, the hearing officer must make a determination within 10 school days after the hearing. 34CFR300.532(c)(2).Question E-4:May the parties mutually agree to extend the resolution period to resolve an expedited due process complaint? Answer:No. There is no provision in the IDEA or the Part B regulations that permits adjustments to the 15-day resolution period for expedited due process complaints. 34CFR300.532(c). Also, there is no provision in the Part B regulations permitting the parties to agree to extend this time period. Therefore, when the parties have participated in a resolution meeting or engaged in mediation and the dispute has not been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint, the expedited due process hearing may proceed. 34CFR300.532(c)(3)(ii). Question E-5:How must SEAs and LEAs apply the timeline reqse contact the Office for Civil Rights Enforcement Office that serves your State. Contact information for these offices can be found at: HYPERLINK "http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm" http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. The Education for All Handicapped Children Act refers to Public Law (Pub. L.) 94-142. It is the predecessor statute to Part B of the IDEA. After the U.S. Department of Education was created, the Part B regulations in part 121a of title 45 of the Code of Federal Regulations (CFR) were removed and recodified in title 34 CFR part 300. The former 34 CFR 300.506 and its accompanying comment were unchanged and remained in effect until May 11, 1999. This Q&A document includes references to Assistance to States for the Education of Children with Disabilities and Early Intervention Programs for Infants and Toddlers with Disabilities, Final Regulations, Analysis of Comments and Changes, 64 Federal Register 12406, 12537-12656 (Mar. 12, 1999). This document will be cited throughout this Q&A as 64 FR with the appropriate page number. Under 34 CFR 300.30(a), the term parent means: (1) a biological or adoptive pation A of this Q&A document. For more information on State complaint procedures, see Section B of this Q&A document. See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majority under State law. For expedited due process complaints, the resolution meeting must occur within seven days of receiving notice of the parent's due process complaint. 34 CFR 300.532(c)(3). The resolution process requirements for expedited due process complaints are described in more detail in Section E of this Q&A document. It should be noted, however, that one way for an LEA to amend a due process complaint that is not sufficient, is for the parent to agree in writing and be given an opportunity to resolve the LEA's due process complaint through a resolution meeting. 34 CFR 300.508(d)(3)(i). See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majoQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page iiQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 5 Questions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 1 Desktop\DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesJuly 23, 2013Contact Person: Gregg CorrTelephone: 202-245-7309OSEP MEMO 13-08MEMORANDUMTO:Chief State School OfficersState Directors of Special EducationFROM:Melody Musgrove, Ed.D. DirectorOffice of Special Education ProgramsSUBJECT:Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act (Part B)The purpose of this Memorandum is to introduce the updated and combined question and answer (Q&A) document on the dispute resolution procedures that are set out in the Part B regulations, published in the Federal Register on August 14, 2006, including mediation procedures (34 CFR 300.506), State complaint procedures (34 CFR 300.151-300.153), and due process procedures (34 CFR 300.507-300.516 and 300.532-300.533). The Office of Special Education Programs (OSEP) encourages parents and local educational agencies (LEAs) to work collaboratively, in the best interests of children, to resolve the disagreements that may occur when working to provide a positive educational experience for all children, including children with disabilities. To this end, the IDEA and its implementing regulations provide specific options for resolving disputes between parents and public agencies, which can be used in a manner consistent with our shared goals of improving results and achieving better outcomes for children with disabilities. The attached Q&A document provides responses to frequently asked questions to faciliAttachmentQuestions and Answers on IDEA Part B Dispute Resolution Procedures Revised July 2013Regulations for Part B of the Individuals with Disabilities Education Act (IDEA) were published in the Federal Register on August 14, 2006, and became effective on October 13, 2006. Supplemental IDEA regulations were published on December 1, 2008, and became effective on December 31, 2008. Since publication of the regulations, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education (Department) has received requests for clarification of some of these regulations. This is one of a series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics. Each Q&A document will be updated to add new questions and answers as other important issues arise or to amend existing questions and answers as needed. OSERS issues this Q&A document to provide parents, parent training and information centers, school personnel, State educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations, and other interested parties with information to facili11:Does the IDEA address where mediation sessions are held? PAGEREF _Toc352754577 h 8 HYPERLINK l "_Toc352754578" Question A-12:Who may participate in, or attend, the mediation session? May parents or public agencies bring their attorneys to mediation sessions and, if so, under what circumstances? PAGEREF _Toc352754578 h 8 HYPERLINK l "_Toc352754579" Question A-13:May a child with a disability who is the subject of the mediation process attend the mediation session with his or her parent? PAGEREF _Toc352754579 h 8 HYPERLINK l "_Toc352754580" Question A-14:What options are available if a parent declines a public agency's request to engage in mediation? PAGEREF _Toc352754580 h 9 HYPERLINK l "_Toc352754581" Question A-15:May a State use IDEA funds for recruitment and training of mediators? PAGEREF _Toc352754581 h 9 HYPERLINK l "_Toc352754582" Question A-16:Who pays for the mediation process? PAGEREF _Toc352754582 h 9 HYPERLINK l "_Toc352754583" Question A-17:How is a mediator selected? PAGEREF _Toc352754583 h 10 HYPERLINK l "_Toc352754584" Question A-18:May more than one mediator be se10:If there is a finding in a State complaint that a child or group of children has been denied FAPE, what are the remedies? PAGEREF _Toc352754605 h 21 HYPERLINK l "_Toc352754606" Question B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? PAGEREF _Toc352754606 h 21 HYPERLINK l "_Toc352754607" Question B-12:How does an SEA resolve a complaint against itself? PAGEREF _Toc352754607 h 22 HYPERLINK l "_Toc352754608" Question B-13:May States establish procedures permitting a State complaint to be filed electronically? PAGEREF _Toc352754608 h 22 HYPERLINK l "_Toc352754609" Question B-14:Must States have procedures for tracking when State complaints are received, including State complaints filed electronically, if applicable? PAGEREF _Toc352754609 h 23 HYPERLINK l "_Toc352754610" Question B-15:What is an SEA's responsibility to resolve a complaint if the complaint submitted to the SEA does not include all of the content required in 34CFR300.153? PAGEREF _Toc352754610 h 243:What happens after a due process complaint is submitted? PAGEREF _Toc352754633 h 35 HYPERLINK l "_Toc352754634" Question C-4:What happens if a hearing officer determines that a due process complaint is insufficient? PAGEREF _Toc352754634 h 36 HYPERLINK l "_Toc352754635" Question C-5:What is the timeline for filing a due process complaint? PAGEREF _Toc352754635 h 36 HYPERLINK l "_Toc352754636" Question C-6:May States establish procedures permitting a due process complaint to be filed electronically? PAGEREF _Toc352754636 h 37 HYPERLINK l "_Toc352754637" Question C-7:Must States have procedures for tracking when due process complaints are received, including due process complaints filed electronically if a State accepts due process complaints filed electronically? PAGEREF _Toc352754637 h 38 HYPERLINK l "_Toc352754638" Question C-8:Are there any mechanisms that an SEA must provide to assist parents and public agencies in filing a due process complaint? PAGEREF _Toc352754638 h 38 HYPERLINK l "_Toc352754639" Question C-9:May a parent file a due process complaint because his or her child's teacher i3:Does the parent still have the right to challenge the sufficiency of the due process complaint when an LEA files a due process complaint? Must the parent respond to the LEA's due process complaint? PAGEREF _Toc352754661 h 50 HYPERLINK l "_Toc352754662" Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? PAGEREF _Toc352754662 h 51 HYPERLINK l "_Toc352754663" Question D-5:If a parent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for convening a resolution meeting begin? PAGEREF _Toc352754663 h 51 HYPERLINK l "_Toc352754664" Question D-6:Are there circumstances in which an LEA would not be required to convene a resolution meeting when it receives notice of a parent's due process complaint? PAGEREF _Toc352754664 h 52 HYPERLINK l "_Toc352754665" Question D-7:Does the timeline for a due process hearing decision always begin after the 30-day resolution period? PAGEREF _Toc352754665 h 52 HYPERLINK5:How must SEAs and LEAs apply the timeline requirements for expedited due process hearings if the due process complaint is filed when school is not in session? PAGEREF _Toc352754689 h 62 HYPERLINK l "_Toc352754690" Question E-6: May a party challenge the sufficiency of a due process complaint requesting an expedited due process hearing? PAGEREF _Toc352754690 h 63 HYPERLINK l "_Toc352754691" Question E-7:May a hearing officer extend the timeline for making a determination in an expedited due process hearing? PAGEREF _Toc352754691 h 63 HYPERLINK l "_Toc352754692" Question E-8:How can the parties meet the requirement in 34CFR300.512(b) to disclose evaluations and recommendations to all parties at least five business days before an expedited due process hearing begins? PAGEREF _Toc352754692 h 63 HYPERLINK l "_Toc352754693" Question E-9:May a school district proceed directly to court for a temporary injunction to remove a student from his or her current educational placement for disciplinary reasons or must the school district exhaust administrative remedies by first filing a due process complaint to request an expediteAnswer:The Department provided the following pertinent explanation in Question L-1 in Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011:As provided in 34CFR300.140(b), a parent of a child enrolled by that parent in a private school has the right to file a due process complaint [and use the mediation procedures in 34CFR300.506] regarding the child find requirements in 34CFR300.131, including the requirements in 34CFR300.300 through 300.311. The due process provisions in section 615 of the Act and 34CFR300.504 through 300.519 of the regulations [which include the mediation procedures in 34CFR300.506], do not apply to issues regarding the provision of services to any particular parentally-placed private school child with disabilities whom an LEA has agreed to serve because there is no individual right to services for such children under the IDEA. 34CFR300.140(a). Disputes that arise about equitable services are, however, properly subject to the State complaint procedures in 34CFR300.151 through 300.153 [described in Section B of this Q&A document]. As provided in 34CFR300.140(c), a parent may file a signed written Answer:As noted previously, the IDEA and its implementing regulations do not allow a public agency to require a parent to participate in mediation because mediation is voluntary. However, a public agency may establish procedures to offer parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested third party: (1) who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the State established under section 671 or 672 of the IDEA; and (2) who would explain the benefits of, and encourage the use of, the mediation process to the parents. 34CFR300.506(b)(2). Public agencies that choose to establish these procedures must make clear to parents and schools that they have the opportunity to participate in the meeting with the disinterested third party, but that their participation is voluntary. The disinterested third party would explain the benefits of mediation, including that it is voluntary, and if successful, could result in the resolution of the dispute without the need to use more formal, costly, and rt of the United States. 34CFR300.506(b)(7). However, notwithstanding the provisions in 34CFR300.506(b)(7) addressing judicial enforcement of mediation agreements and 300.510(d)(2), addressing judicial enforcement of resolution agreements, nothing in part 300 would prevent the SEA from using other mechanisms to seek enforcement of those agreements, provided that the use of the State's mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States. 34CFR300.537. Therefore, in addition to judicial enforcement of mediation and resolution agreements, 34CFR300.537 gives States the flexibility to allow enforcement of those agreements through other State mechanisms such as their State complaint resolution procedures in 34CFR300.151-300.153. 71 FR 46604-46605 and 71 FR 46703 (August 14, 2006). Question A-28:May a parent file a State complaint on matters that were not addressed in, or that arose after the time covered by, the mediation agreement? Answer:Yes. If the mediation agreement covers a specific time perAnswer: Some differences include who can file each type of complaint, subject matter, timing, procedures, and appeal processes. More parties are eligible to file a State complaint than a due process complaint. As explained in Question B-3, a State complaint may be filed by an organization or individual, including one from another State. In contrast, only a parent or a public agency may file a due process complaint. Therefore, while a parent has the option of filing a State complaint or a due process complaint to request a due process hearing, an organization or individual, other than a child's parent may not file a due process complaint to request a due process hearing. Another difference is the subject matter of each type of complaint. A State complaint must allege that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations, but a due process complaint is available for matters regarding the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child. Therefore, while a matter that could be the subject of a due process complaint could also be the subject of a State complaint, the reverse is not always tQuestion B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? Answer:An SEA is required to resolve any complaint that meets the requirements of 34CFR300.153 filed by an organization or individual, including one from another State. This includes a signed written complaint alleging that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations regarding a particular child with a disability, regardless of whether the State complaint has been filed by the child's parent or by an organization or individual other than the child's parent. Thus, in resolving such a complaint, the SEA would be required to follow the minimum State complaint procedures in 34CFR300.152 as it would for any other State complaint that alleges that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations.If a complaint is filed by an organization or individual other than the parent, parental consent must be obtained before an SEA may provide personally identifiable information about a child to a non-parent complainant as part of the complaint decision. 34CFR9Answer: Under 34CFR300.153(d), the complainant must provide a copy of the complaint to the LEA or public agency serving the child at the same time the complaint is filed with the SEA. The regulations do not specifically address a situation where the complainant only provides the complaint to the SEA and does not forward it to the LEA or public agency serving the child. An SEA should include the actions that will be taken under these circumstances in its complaint procedures established under 34CFR300.151(a) and provide proper notice of its procedures. An SEA's complaint procedures should address how the complainant's failure to provide the required copy to the LEA or public agency serving the child will affect the initiation of the complaint resolution and/or the time limit for completing the complaint resolution. For example, an SEA could adopt procedures that include advising the complainant in writing that the complaint resolution will not proceed and the 60-day time limit will not begin until the complainant provides the LEA or public agency serving the child with a copy of the complaint as required by the regulations. 71 FR 46606 (August 14, 2006). As an additional protection for parents, consQuestion B-27:If a parent has filed a State complaint and the State's resolution is still in process, can the parent request a due process hearing pending resolution of the State complaint?Answer:Yes. A parent who has filed a State complaint is not prevented from filing a due process complaint on the same or similar issues. However, if a parent files a due process complaint and the hearing officer rules on that issue, the due process hearing decision is binding as to that issue. Therefore, while the State may have begun the process of resolving a State complaint prior to the receipt of a due process complaint, pursuant to 34CFR300.152(c)(1), the State must set aside any issues in the State complaint that are being addressed in the due process hearing. As indicated in Question B-26, any issue in the State complaint that is not part of the due process action must be resolved using the State complaint resolution procedures in accordance with 34CFR300.152(a) and (b). 34CFR300.152(c).Question B-28:May a State complaint be filed on an issue that was previously decided in a due process hearing?Answer:Under 34CFR300.152(c)(2)(i), if a hearing officer has previously ruled on an issue at a due proce34CFR300.53734CFR300.60034CFR300.611-300.626C. Due Process Complaints and Due Process Hearing ProceduresAuthority:The requirements for due process complaints and due process hearings are found in the regulations at 34CFR300.507-300.516. Question C-1: Why does the IDEA require that a party file a due process complaint in order to request a due process hearing?Answer: The IDEA Amendments of 2004 made significant changes to IDEA's due process procedures, and parties no longer have the right to request a due process hearing directly. Rather, in order to request a due process hearing under the IDEA, a party (a parent or a public agency) or the attorney representing the party, first must file a due process complaint consistent with 34CFR300.507 and 300.508. When a parent or a parent's attorney files a due process complaint, the IDEA provides for a 30-day resolution period, subject to certain adjustments, prior to the initiation of a due process hearing. 34CFR300.510. The purpose of the resolution process is to attempt to achieve a prompt resolution of the parent's due process complaint as early as possible at the local level and to avoid the need for a more costly, adversarial, a time limitation for filing a due process complaint under 34CFRpart 300, in the time allowed by that State law. 34CFR300.507(a)(2). The applicable timelines described above do not apply to a parent if the parent was prevented from filing a due process complaint due to: (1) specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint; or (2) the LEA's withholding of information from the parent it was required under part 300 to provide to the parent. 34CFR300.511(f). There is nothing in the IDEA or the Part B regulations that would preclude a State from having a time limit for filing a due process complaint that is shorter or longer than two years. 71 FR 46697 (August 14, 2006). The time limitation for filing a due process complaint used by the State, whether the IDEA timeline or the State-established timeline, must be included in the notice of procedural safeguards that must be given to parents one time a year and upon receipt of the first due process complaint under 34CFR300.507 in a school year. 34CFR300.504(a)(2) and 300.504(c)(5)(i). Question C-6:May States establish procedures permiHowever, if a parent of a child who is home schooled or parentally-placed in a private school by the parent at the parent's expense does not provide consent (or fails to respond to a request to provide consent) for the initial evaluation or reevaluation of his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the evaluation or reevaluation may be provided to the child. 34CFR300.300(d)(4). In addition, if a parent fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the services may be provided to the child. 34CFR300.300(b)(3). Further, if at any time subsequent to the initial provision of special education and related services, a parent revokes consent in writing for the continued provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling thQuestion C-22:When would it be permissible for a hearing officer to extend the 45-day timeline for issuing a final decision in a due process hearing on a due process complaint or for a reviewing officer to extend the 30-day timeline for issuing a final decision in an appeal to the SEA, if applicable? Answer:The timelines for due process hearings and reviews described in 34CFR300.515(a) and (b) may only be extended if a hearing officer or reviewing officer exercises the authority to grant a specific extension of time at the request of a party to the hearing or review. 34CFR300.515(c). A hearing officer may not unilaterally extend the 45-day due process hearing timeline. Also, a hearing officer may not extend the hearing decision timeline for an unspecified time period, even if a party to the hearing requests an extension but does not specify a time period for the extension. Likewise, a reviewing officer may not unilaterally extend the 30-day timeline for reviewing the hearing decision. In addition, a reviewing officer may not extend the review decision timeline for an unspecified time period, even if a party to the review requests an extension but does not specify a time period for the extension.Q34CFR300.507-300.51634CFR300.52034CFR300.60034CFR300.611-300.626The Q&A documents cited in this section can be found at: Questions and Answers on Highly Qualified Teachers Serving Children with Disabilities, January 2007: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2C"http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2CQuestions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C" http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2CD.Resolution ProcessAuthority:The requirements for the resolution process are found in the regulations at 34CFR300.510.Question D-1:What is the purpose of the resolution meeting? Answer:The purpose of the resolution meeting is to achieve a prompt and early resolution of a parent's due process complaint to avoid the need for a more costly, adversarial, and time-consuming due process hearing and the potential for civil litigation. Section 300.510(a)(1) of the Part B regulations, consistent with section 615(f)(1)(B)(i) of the IDEA, provides that within Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? Answer:Yes. Under 34CFR300.508(d)(3), a party may amend its due process complaint subject to the following conditions. The other party must consent in writing to the amendment and be given the opportunity to resolve the complaint through a meeting held pursuant to 34CFR300.510. Alternatively, the hearing officer may grant permission to amend the complaint at any time not later than five days before the due process hearing begins. This process is intended to ensure that the parties involved understand the nature of the complaint before the due process hearing begins. 71 FR 46698 (August 14, 2006).Under 34CFR300.508(d)(4), when a due process complaint is amended, the timeline for the resolution meeting and the time period for resolving the complaint begin again with the filing of the amended due process complaint. 71 FR 46698 (August 14, 2006).Question D-5:rent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for conveniAnswer:Yes. If there is no adjustment to the 30-day resolution period timeline as described in Question D-7, and if the LEA or the parent does not seek the hearing officer's intervention as described in Question D-13, regardless of the reasons for the parties' inaction, the 45-day timeline for a due process hearing decision would remain in effect. 34CFR300.510(b)(2) and 300.515(a). Question D-15:What is the SEA's responsibility for ensuring that LEAs comply with the resolution process requirements?Answer:As explained in the Analysis of Comments and Changes, the Department fully expects that only in very rare situations will an LEA fail to meet its obligation to convene a resolution meeting within 15 days of receiving notice of the parent's due process complaint, delay the due process hearing by scheduling meetings at times or places that are inconvenient for the parent, or otherwise not participate in good faith in the resolution process. In instances of noncompliance, parents are able to request a hearing officer to allow the due process hearing to proceed. 71 FR 46702 (August 14, 2006). In addition, an SEA has an affirmative obligation to ensure its LEAs' compliance with the resolution process tKey regulatory references related to the resolution process, as cited above, can be found at HYPERLINK "http://idea.ed.gov/explore/home" http://idea.ed.gov/explore/home, and include the following:34CFR300.1134CFR300.14934CFR300.506-300.51634CFR300.53734CFR300.60034CFR300.611-300.626E.Expedited Due Process HearingsAuthority:The requirements for expedited due process hearings are found in the regulations at 34CFR300.532-533.Question E-1:What is an expedited due process hearing? Answer:An expedited due process hearing is a hearing involving a due process complaint regarding a disciplinary matter, which is subject to shorter timelines than a due process hearing conducted pursuant to 34CFR300.507-300.516. Under 34CFR300.532(a), a parent of a child with a disability who disagrees with any decision regarding placement under 34CFR300.530 and 300.531, or the manifestation determination under 34CFR300.530(e), or an LEA that believes that maintaining the child's placement is substantially likely to result in injury to the child or to others, may appeal the decision by requesting a hearing. If a parent or LEA files a due process complaint to request a due process hearing uFurther, the expedited due process hearing must occur within 20 school days from the date that the parent's due process complaint requesting a due process hearing is filed. Thus, the resolution period is part of, and not separate from, the expedited due process hearing timeline. If an expedited due process hearing occurs, the hearing officer must make a determination within 10 school days after the hearing. 34CFR300.532(c)(2).Question E-4:May the parties mutually agree to extend the resolution period to resolve an expedited due process complaint? Answer:No. There is no provision in the IDEA or the Part B regulations that permits adjustments to the 15-day resolution period for expedited due process complaints. 34CFR300.532(c). Also, there is no provision in the Part B regulations permitting the parties to agree to extend this time period. Therefore, when the parties have participated in a resolution meeting or engaged in mediation and the dispute has not been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint, the expedited due process hearing may proceed. 34CFR300.532(c)(3)(ii). Question E-5:How must SEAs and LEAs apply the timeline reqse contact the Office for Civil Rights Enforcement Office that serves your State. Contact information for these offices can be found at: HYPERLINK "http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm" http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. The Education for All Handicapped Children Act refers to Public Law (Pub. L.) 94-142. It is the predecessor statute to Part B of the IDEA. After the U.S. Department of Education was created, the Part B regulations in part 121a of title 45 of the Code of Federal Regulations (CFR) were removed and recodified in title 34 CFR part 300. The former 34 CFR 300.506 and its accompanying comment were unchanged and remained in effect until May 11, 1999. This Q&A document includes references to Assistance to States for the Education of Children with Disabilities and Early Intervention Programs for Infants and Toddlers with Disabilities, Final Regulations, Analysis of Comments and Changes, 64 Federal Register 12406, 12537-12656 (Mar. 12, 1999). This document will be cited throughout this Q&A as 64 FR with the appropriate page number. Under 34 CFR 300.30(a), the term parent means: (1) a biological or adoptive pation A of this Q&A document. For more information on State complaint procedures, see Section B of this Q&A document. See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majority under State law. For expedited due process complaints, the resolution meeting must occur within seven days of receiving notice of the parent's due process complaint. 34 CFR 300.532(c)(3). The resolution process requirements for expedited due process complaints are described in more detail in Section E of this Q&A document. It should be noted, however, that one way for an LEA to amend a due process complaint that is not sufficient, is for the parent to agree in writing and be given an opportunity to resolve the LEA's due process complaint through a resolution meeting. 34 CFR 300.508(d)(3)(i). See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majoQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page iiQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 5 Questions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 1 Desktop\DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesJuly 23, 2013Contact Person: Gregg CorrTelephone: 202-245-7309OSEP MEMO 13-08MEMORANDUMTO:Chief State School OfficersState Directors of Special EducationFROM:Melody Musgrove, Ed.D. DirectorOffice of Special Education ProgramsSUBJECT:Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act (Part B)The purpose of this Memorandum is to introduce the updated and combined question and answer (Q&A) document on the dispute resolution procedures that are set out in the Part B regulations, published in the Federal Register on August 14, 2006, including mediation procedures (34 CFR 300.506), State complaint procedures (34 CFR 300.151-300.153), and due process procedures (34 CFR 300.507-300.516 and 300.532-300.533). The Office of Special Education Programs (OSEP) encourages parents and local educational agencies (LEAs) to work collaboratively, in the best interests of children, to resolve the disagreements that may occur when working to provide a positive educational experience for all children, including children with disabilities. To this end, the IDEA and its implementing regulations provide specific options for resolving disputes between parents and public agencies, which can be used in a manner consistent with our shared goals of improving results and achieving better outcomes for children with disabilities. The attached Q&A document provides responses to frequently asked questions to faciliAttachmentQuestions and Answers on IDEA Part B Dispute Resolution Procedures Revised July 2013Regulations for Part B of the Individuals with Disabilities Education Act (IDEA) were published in the Federal Register on August 14, 2006, and became effective on October 13, 2006. Supplemental IDEA regulations were published on December 1, 2008, and became effective on December 31, 2008. Since publication of the regulations, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education (Department) has received requests for clarification of some of these regulations. This is one of a series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics. Each Q&A document will be updated to add new questions and answers as other important issues arise or to amend existing questions and answers as needed. OSERS issues this Q&A document to provide parents, parent training and information centers, school personnel, State educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations, and other interested parties with information to facili11:Does the IDEA address where mediation sessions are held? PAGEREF _Toc352754577 h 8 HYPERLINK l "_Toc352754578" Question A-12:Who may participate in, or attend, the mediation session? May parents or public agencies bring their attorneys to mediation sessions and, if so, under what circumstances? PAGEREF _Toc352754578 h 8 HYPERLINK l "_Toc352754579" Question A-13:May a child with a disability who is the subject of the mediation process attend the mediation session with his or her parent? PAGEREF _Toc352754579 h 8 HYPERLINK l "_Toc352754580" Question A-14:What options are available if a parent declines a public agency's request to engage in mediation? PAGEREF _Toc352754580 h 9 HYPERLINK l "_Toc352754581" Question A-15:May a State use IDEA funds for recruitment and training of mediators? PAGEREF _Toc352754581 h 9 HYPERLINK l "_Toc352754582" Question A-16:Who pays for the mediation process? PAGEREF _Toc352754582 h 9 HYPERLINK l "_Toc352754583" Question A-17:How is a mediator selected? PAGEREF _Toc352754583 h 10 HYPERLINK l "_Toc352754584" Question A-18:May more than one mediator be se10:If there is a finding in a State complaint that a child or group of children has been denied FAPE, what are the remedies? PAGEREF _Toc352754605 h 21 HYPERLINK l "_Toc352754606" Question B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? PAGEREF _Toc352754606 h 21 HYPERLINK l "_Toc352754607" Question B-12:How does an SEA resolve a complaint against itself? PAGEREF _Toc352754607 h 22 HYPERLINK l "_Toc352754608" Question B-13:May States establish procedures permitting a State complaint to be filed electronically? PAGEREF _Toc352754608 h 22 HYPERLINK l "_Toc352754609" Question B-14:Must States have procedures for tracking when State complaints are received, including State complaints filed electronically, if applicable? PAGEREF _Toc352754609 h 23 HYPERLINK l "_Toc352754610" Question B-15:What is an SEA's responsibility to resolve a complaint if the complaint submitted to the SEA does not include all of the content required in 34CFR300.153? PAGEREF _Toc352754610 h 243:What happens after a due process complaint is submitted? PAGEREF _Toc352754633 h 35 HYPERLINK l "_Toc352754634" Question C-4:What happens if a hearing officer determines that a due process complaint is insufficient? PAGEREF _Toc352754634 h 36 HYPERLINK l "_Toc352754635" Question C-5:What is the timeline for filing a due process complaint? PAGEREF _Toc352754635 h 36 HYPERLINK l "_Toc352754636" Question C-6:May States establish procedures permitting a due process complaint to be filed electronically? PAGEREF _Toc352754636 h 37 HYPERLINK l "_Toc352754637" Question C-7:Must States have procedures for tracking when due process complaints are received, including due process complaints filed electronically if a State accepts due process complaints filed electronically? PAGEREF _Toc352754637 h 38 HYPERLINK l "_Toc352754638" Question C-8:Are there any mechanisms that an SEA must provide to assist parents and public agencies in filing a due process complaint? PAGEREF _Toc352754638 h 38 HYPERLINK l "_Toc352754639" Question C-9:May a parent file a due process complaint because his or her child's teacher i3:Does the parent still have the right to challenge the sufficiency of the due process complaint when an LEA files a due process complaint? Must the parent respond to the LEA's due process complaint? PAGEREF _Toc352754661 h 50 HYPERLINK l "_Toc352754662" Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? PAGEREF _Toc352754662 h 51 HYPERLINK l "_Toc352754663" Question D-5:If a parent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for convening a resolution meeting begin? PAGEREF _Toc352754663 h 51 HYPERLINK l "_Toc352754664" Question D-6:Are there circumstances in which an LEA would not be required to convene a resolution meeting when it receives notice of a parent's due process complaint? PAGEREF _Toc352754664 h 52 HYPERLINK l "_Toc352754665" Question D-7:Does the timeline for a due process hearing decision always begin after the 30-day resolution period? PAGEREF _Toc352754665 h 52 HYPERLINK5:How must SEAs and LEAs apply the timeline requirements for expedited due process hearings if the due process complaint is filed when school is not in session? PAGEREF _Toc352754689 h 62 HYPERLINK l "_Toc352754690" Question E-6: May a party challenge the sufficiency of a due process complaint requesting an expedited due process hearing? PAGEREF _Toc352754690 h 63 HYPERLINK l "_Toc352754691" Question E-7:May a hearing officer extend the timeline for making a determination in an expedited due process hearing? PAGEREF _Toc352754691 h 63 HYPERLINK l "_Toc352754692" Question E-8:How can the parties meet the requirement in 34CFR300.512(b) to disclose evaluations and recommendations to all parties at least five business days before an expedited due process hearing begins? PAGEREF _Toc352754692 h 63 HYPERLINK l "_Toc352754693" Question E-9:May a school district proceed directly to court for a temporary injunction to remove a student from his or her current educational placement for disciplinary reasons or must the school district exhaust administrative remedies by first filing a due process complaint to request an expediteAnswer:The Department provided the following pertinent explanation in Question L-1 in Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011:As provided in 34CFR300.140(b), a parent of a child enrolled by that parent in a private school has the right to file a due process complaint [and use the mediation procedures in 34CFR300.506] regarding the child find requirements in 34CFR300.131, including the requirements in 34CFR300.300 through 300.311. The due process provisions in section 615 of the Act and 34CFR300.504 through 300.519 of the regulations [which include the mediation procedures in 34CFR300.506], do not apply to issues regarding the provision of services to any particular parentally-placed private school child with disabilities whom an LEA has agreed to serve because there is no individual right to services for such children under the IDEA. 34CFR300.140(a). Disputes that arise about equitable services are, however, properly subject to the State complaint procedures in 34CFR300.151 through 300.153 [described in Section B of this Q&A document]. As provided in 34CFR300.140(c), a parent may file a signed written Answer:As noted previously, the IDEA and its implementing regulations do not allow a public agency to require a parent to participate in mediation because mediation is voluntary. However, a public agency may establish procedures to offer parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested third party: (1) who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the State established under section 671 or 672 of the IDEA; and (2) who would explain the benefits of, and encourage the use of, the mediation process to the parents. 34CFR300.506(b)(2). Public agencies that choose to establish these procedures must make clear to parents and schools that they have the opportunity to participate in the meeting with the disinterested third party, but that their participation is voluntary. The disinterested third party would explain the benefits of mediation, including that it is voluntary, and if successful, could result in the resolution of the dispute without the need to use more formal, costly, and rt of the United States. 34CFR300.506(b)(7). However, notwithstanding the provisions in 34CFR300.506(b)(7) addressing judicial enforcement of mediation agreements and 300.510(d)(2), addressing judicial enforcement of resolution agreements, nothing in part 300 would prevent the SEA from using other mechanisms to seek enforcement of those agreements, provided that the use of the State's mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States. 34CFR300.537. Therefore, in addition to judicial enforcement of mediation and resolution agreements, 34CFR300.537 gives States the flexibility to allow enforcement of those agreements through other State mechanisms such as their State complaint resolution procedures in 34CFR300.151-300.153. 71 FR 46604-46605 and 71 FR 46703 (August 14, 2006). Question A-28:May a parent file a State complaint on matters that were not addressed in, or that arose after the time covered by, the mediation agreement? Answer:Yes. If the mediation agreement covers a specific time perAnswer: Some differences include who can file each type of complaint, subject matter, timing, procedures, and appeal processes. More parties are eligible to file a State complaint than a due process complaint. As explained in Question B-3, a State complaint may be filed by an organization or individual, including one from another State. In contrast, only a parent or a public agency may file a due process complaint. Therefore, while a parent has the option of filing a State complaint or a due process complaint to request a due process hearing, an organization or individual, other than a child's parent may not file a due process complaint to request a due process hearing. Another difference is the subject matter of each type of complaint. A State complaint must allege that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations, but a due process complaint is available for matters regarding the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child. Therefore, while a matter that could be the subject of a due process complaint could also be the subject of a State complaint, the reverse is not always tQuestion B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? Answer:An SEA is required to resolve any complaint that meets the requirements of 34CFR300.153 filed by an organization or individual, including one from another State. This includes a signed written complaint alleging that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations regarding a particular child with a disability, regardless of whether the State complaint has been filed by the child's parent or by an organization or individual other than the child's parent. Thus, in resolving such a complaint, the SEA would be required to follow the minimum State complaint procedures in 34CFR300.152 as it would for any other State complaint that alleges that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations.If a complaint is filed by an organization or individual other than the parent, parental consent must be obtained before an SEA may provide personally identifiable information about a child to a non-parent complainant as part of the complaint decision. 34CFR9Answer: Under 34CFR300.153(d), the complainant must provide a copy of the complaint to the LEA or public agency serving the child at the same time the complaint is filed with the SEA. The regulations do not specifically address a situation where the complainant only provides the complaint to the SEA and does not forward it to the LEA or public agency serving the child. An SEA should include the actions that will be taken under these circumstances in its complaint procedures established under 34CFR300.151(a) and provide proper notice of its procedures. An SEA's complaint procedures should address how the complainant's failure to provide the required copy to the LEA or public agency serving the child will affect the initiation of the complaint resolution and/or the time limit for completing the complaint resolution. For example, an SEA could adopt procedures that include advising the complainant in writing that the complaint resolution will not proceed and the 60-day time limit will not begin until the complainant provides the LEA or public agency serving the child with a copy of the complaint as required by the regulations. 71 FR 46606 (August 14, 2006). As an additional protection for parents, consQuestion B-27:If a parent has filed a State complaint and the State's resolution is still in process, can the parent request a due process hearing pending resolution of the State complaint?Answer:Yes. A parent who has filed a State complaint is not prevented from filing a due process complaint on the same or similar issues. However, if a parent files a due process complaint and the hearing officer rules on that issue, the due process hearing decision is binding as to that issue. Therefore, while the State may have begun the process of resolving a State complaint prior to the receipt of a due process complaint, pursuant to 34CFR300.152(c)(1), the State must set aside any issues in the State complaint that are being addressed in the due process hearing. As indicated in Question B-26, any issue in the State complaint that is not part of the due process action must be resolved using the State complaint resolution procedures in accordance with 34CFR300.152(a) and (b). 34CFR300.152(c).Question B-28:May a State complaint be filed on an issue that was previously decided in a due process hearing?Answer:Under 34CFR300.152(c)(2)(i), if a hearing officer has previously ruled on an issue at a due proce34CFR300.53734CFR300.60034CFR300.611-300.626C. Due Process Complaints and Due Process Hearing ProceduresAuthority:The requirements for due process complaints and due process hearings are found in the regulations at 34CFR300.507-300.516. Question C-1: Why does the IDEA require that a party file a due process complaint in order to request a due process hearing?Answer: The IDEA Amendments of 2004 made significant changes to IDEA's due process procedures, and parties no longer have the right to request a due process hearing directly. Rather, in order to request a due process hearing under the IDEA, a party (a parent or a public agency) or the attorney representing the party, first must file a due process complaint consistent with 34CFR300.507 and 300.508. When a parent or a parent's attorney files a due process complaint, the IDEA provides for a 30-day resolution period, subject to certain adjustments, prior to the initiation of a due process hearing. 34CFR300.510. The purpose of the resolution process is to attempt to achieve a prompt resolution of the parent's due process complaint as early as possible at the local level and to avoid the need for a more costly, adversarial, a time limitation for filing a due process complaint under 34CFRpart 300, in the time allowed by that State law. 34CFR300.507(a)(2). The applicable timelines described above do not apply to a parent if the parent was prevented from filing a due process complaint due to: (1) specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint; or (2) the LEA's withholding of information from the parent it was required under part 300 to provide to the parent. 34CFR300.511(f). There is nothing in the IDEA or the Part B regulations that would preclude a State from having a time limit for filing a due process complaint that is shorter or longer than two years. 71 FR 46697 (August 14, 2006). The time limitation for filing a due process complaint used by the State, whether the IDEA timeline or the State-established timeline, must be included in the notice of procedural safeguards that must be given to parents one time a year and upon receipt of the first due process complaint under 34CFR300.507 in a school year. 34CFR300.504(a)(2) and 300.504(c)(5)(i). Question C-6:May States establish procedures permiHowever, if a parent of a child who is home schooled or parentally-placed in a private school by the parent at the parent's expense does not provide consent (or fails to respond to a request to provide consent) for the initial evaluation or reevaluation of his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the evaluation or reevaluation may be provided to the child. 34CFR300.300(d)(4). In addition, if a parent fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the services may be provided to the child. 34CFR300.300(b)(3). Further, if at any time subsequent to the initial provision of special education and related services, a parent revokes consent in writing for the continued provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling thQuestion C-22:When would it be permissible for a hearing officer to extend the 45-day timeline for issuing a final decision in a due process hearing on a due process complaint or for a reviewing officer to extend the 30-day timeline for issuing a final decision in an appeal to the SEA, if applicable? Answer:The timelines for due process hearings and reviews described in 34CFR300.515(a) and (b) may only be extended if a hearing officer or reviewing officer exercises the authority to grant a specific extension of time at the request of a party to the hearing or review. 34CFR300.515(c). A hearing officer may not unilaterally extend the 45-day due process hearing timeline. Also, a hearing officer may not extend the hearing decision timeline for an unspecified time period, even if a party to the hearing requests an extension but does not specify a time period for the extension. Likewise, a reviewing officer may not unilaterally extend the 30-day timeline for reviewing the hearing decision. In addition, a reviewing officer may not extend the review decision timeline for an unspecified time period, even if a party to the review requests an extension but does not specify a time period for the extension.Q34CFR300.507-300.51634CFR300.52034CFR300.60034CFR300.611-300.626The Q&A documents cited in this section can be found at: Questions and Answers on Highly Qualified Teachers Serving Children with Disabilities, January 2007: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2C"http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2CQuestions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C" http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2CD.Resolution ProcessAuthority:The requirements for the resolution process are found in the regulations at 34CFR300.510.Question D-1:What is the purpose of the resolution meeting? Answer:The purpose of the resolution meeting is to achieve a prompt and early resolution of a parent's due process complaint to avoid the need for a more costly, adversarial, and time-consuming due process hearing and the potential for civil litigation. Section 300.510(a)(1) of the Part B regulations, consistent with section 615(f)(1)(B)(i) of the IDEA, provides that within Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? Answer:Yes. Under 34CFR300.508(d)(3), a party may amend its due process complaint subject to the following conditions. The other party must consent in writing to the amendment and be given the opportunity to resolve the complaint through a meeting held pursuant to 34CFR300.510. Alternatively, the hearing officer may grant permission to amend the complaint at any time not later than five days before the due process hearing begins. This process is intended to ensure that the parties involved understand the nature of the complaint before the due process hearing begins. 71 FR 46698 (August 14, 2006).Under 34CFR300.508(d)(4), when a due process complaint is amended, the timeline for the resolution meeting and the time period for resolving the complaint begin again with the filing of the amended due process complaint. 71 FR 46698 (August 14, 2006).Question D-5:rent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for conveniAnswer:Yes. If there is no adjustment to the 30-day resolution period timeline as described in Question D-7, and if the LEA or the parent does not seek the hearing officer's intervention as described in Question D-13, regardless of the reasons for the parties' inaction, the 45-day timeline for a due process hearing decision would remain in effect. 34CFR300.510(b)(2) and 300.515(a). Question D-15:What is the SEA's responsibility for ensuring that LEAs comply with the resolution process requirements?Answer:As explained in the Analysis of Comments and Changes, the Department fully expects that only in very rare situations will an LEA fail to meet its obligation to convene a resolution meeting within 15 days of receiving notice of the parent's due process complaint, delay the due process hearing by scheduling meetings at times or places that are inconvenient for the parent, or otherwise not participate in good faith in the resolution process. In instances of noncompliance, parents are able to request a hearing officer to allow the due process hearing to proceed. 71 FR 46702 (August 14, 2006). In addition, an SEA has an affirmative obligation to ensure its LEAs' compliance with the resolution process tKey regulatory references related to the resolution process, as cited above, can be found at HYPERLINK "http://idea.ed.gov/explore/home" http://idea.ed.gov/explore/home, and include the following:34CFR300.1134CFR300.14934CFR300.506-300.51634CFR300.53734CFR300.60034CFR300.611-300.626E.Expedited Due Process HearingsAuthority:The requirements for expedited due process hearings are found in the regulations at 34CFR300.532-533.Question E-1:What is an expedited due process hearing? Answer:An expedited due process hearing is a hearing involving a due process complaint regarding a disciplinary matter, which is subject to shorter timelines than a due process hearing conducted pursuant to 34CFR300.507-300.516. Under 34CFR300.532(a), a parent of a child with a disability who disagrees with any decision regarding placement under 34CFR300.530 and 300.531, or the manifestation determination under 34CFR300.530(e), or an LEA that believes that maintaining the child's placement is substantially likely to result in injury to the child or to others, may appeal the decision by requesting a hearing. If a parent or LEA files a due process complaint to request a due process hearing uFurther, the expedited due process hearing must occur within 20 school days from the date that the parent's due process complaint requesting a due process hearing is filed. Thus, the resolution period is part of, and not separate from, the expedited due process hearing timeline. If an expedited due process hearing occurs, the hearing officer must make a determination within 10 school days after the hearing. 34CFR300.532(c)(2).Question E-4:May the parties mutually agree to extend the resolution period to resolve an expedited due process complaint? Answer:No. There is no provision in the IDEA or the Part B regulations that permits adjustments to the 15-day resolution period for expedited due process complaints. 34CFR300.532(c). Also, there is no provision in the Part B regulations permitting the parties to agree to extend this time period. Therefore, when the parties have participated in a resolution meeting or engaged in mediation and the dispute has not been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint, the expedited due process hearing may proceed. 34CFR300.532(c)(3)(ii). Question E-5:How must SEAs and LEAs apply the timeline reqse contact the Office for Civil Rights Enforcement Office that serves your State. Contact information for these offices can be found at: HYPERLINK "http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm" http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. The Education for All Handicapped Children Act refers to Public Law (Pub. L.) 94-142. It is the predecessor statute to Part B of the IDEA. After the U.S. Department of Education was created, the Part B regulations in part 121a of title 45 of the Code of Federal Regulations (CFR) were removed and recodified in title 34 CFR part 300. The former 34 CFR 300.506 and its accompanying comment were unchanged and remained in effect until May 11, 1999. This Q&A document includes references to Assistance to States for the Education of Children with Disabilities and Early Intervention Programs for Infants and Toddlers with Disabilities, Final Regulations, Analysis of Comments and Changes, 64 Federal Register 12406, 12537-12656 (Mar. 12, 1999). This document will be cited throughout this Q&A as 64 FR with the appropriate page number. Under 34 CFR 300.30(a), the term parent means: (1) a biological or adoptive pation A of this Q&A document. For more information on State complaint procedures, see Section B of this Q&A document. See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majority under State law. For expedited due process complaints, the resolution meeting must occur within seven days of receiving notice of the parent's due process complaint. 34 CFR 300.532(c)(3). The resolution process requirements for expedited due process complaints are described in more detail in Section E of this Q&A document. It should be noted, however, that one way for an LEA to amend a due process complaint that is not sufficient, is for the parent to agree in writing and be given an opportunity to resolve the LEA's due process complaint through a resolution meeting. 34 CFR 300.508(d)(3)(i). See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majoQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page iiQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 5 Questions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 1 Desktop\DOE_Logo_small.gif" * MERGEFORMAT United States Department of EducationOffice of Special Education And Rehabilitative ServicesJuly 23, 2013Contact Person: Gregg CorrTelephone: 202-245-7309OSEP MEMO 13-08MEMORANDUMTO:Chief State School OfficersState Directors of Special EducationFROM:Melody Musgrove, Ed.D. DirectorOffice of Special Education ProgramsSUBJECT:Dispute Resolution Procedures under Part B of the Individuals with Disabilities Education Act (Part B)The purpose of this Memorandum is to introduce the updated and combined question and answer (Q&A) document on the dispute resolution procedures that are set out in the Part B regulations, published in the Federal Register on August 14, 2006, including mediation procedures (34 CFR 300.506), State complaint procedures (34 CFR 300.151-300.153), and due process procedures (34 CFR 300.507-300.516 and 300.532-300.533). The Office of Special Education Programs (OSEP) encourages parents and local educational agencies (LEAs) to work collaboratively, in the best interests of children, to resolve the disagreements that may occur when working to provide a positive educational experience for all children, including children with disabilities. To this end, the IDEA and its implementing regulations provide specific options for resolving disputes between parents and public agencies, which can be used in a manner consistent with our shared goals of improving results and achieving better outcomes for children with disabilities. The attached Q&A document provides responses to frequently asked questions to faciliAttachmentQuestions and Answers on IDEA Part B Dispute Resolution Procedures Revised July 2013Regulations for Part B of the Individuals with Disabilities Education Act (IDEA) were published in the Federal Register on August 14, 2006, and became effective on October 13, 2006. Supplemental IDEA regulations were published on December 1, 2008, and became effective on December 31, 2008. Since publication of the regulations, the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education (Department) has received requests for clarification of some of these regulations. This is one of a series of question and answer (Q&A) documents prepared by OSERS to address some of the most important issues raised by requests for clarification on a variety of high-interest topics. Each Q&A document will be updated to add new questions and answers as other important issues arise or to amend existing questions and answers as needed. OSERS issues this Q&A document to provide parents, parent training and information centers, school personnel, State educational agencies (SEAs), local educational agencies (LEAs), advocacy organizations, and other interested parties with information to facili11:Does the IDEA address where mediation sessions are held? PAGEREF _Toc352754577 h 8 HYPERLINK l "_Toc352754578" Question A-12:Who may participate in, or attend, the mediation session? May parents or public agencies bring their attorneys to mediation sessions and, if so, under what circumstances? PAGEREF _Toc352754578 h 8 HYPERLINK l "_Toc352754579" Question A-13:May a child with a disability who is the subject of the mediation process attend the mediation session with his or her parent? PAGEREF _Toc352754579 h 8 HYPERLINK l "_Toc352754580" Question A-14:What options are available if a parent declines a public agency's request to engage in mediation? PAGEREF _Toc352754580 h 9 HYPERLINK l "_Toc352754581" Question A-15:May a State use IDEA funds for recruitment and training of mediators? PAGEREF _Toc352754581 h 9 HYPERLINK l "_Toc352754582" Question A-16:Who pays for the mediation process? PAGEREF _Toc352754582 h 9 HYPERLINK l "_Toc352754583" Question A-17:How is a mediator selected? PAGEREF _Toc352754583 h 10 HYPERLINK l "_Toc352754584" Question A-18:May more than one mediator be se10:If there is a finding in a State complaint that a child or group of children has been denied FAPE, what are the remedies? PAGEREF _Toc352754605 h 21 HYPERLINK l "_Toc352754606" Question B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? PAGEREF _Toc352754606 h 21 HYPERLINK l "_Toc352754607" Question B-12:How does an SEA resolve a complaint against itself? PAGEREF _Toc352754607 h 22 HYPERLINK l "_Toc352754608" Question B-13:May States establish procedures permitting a State complaint to be filed electronically? PAGEREF _Toc352754608 h 22 HYPERLINK l "_Toc352754609" Question B-14:Must States have procedures for tracking when State complaints are received, including State complaints filed electronically, if applicable? PAGEREF _Toc352754609 h 23 HYPERLINK l "_Toc352754610" Question B-15:What is an SEA's responsibility to resolve a complaint if the complaint submitted to the SEA does not include all of the content required in 34CFR300.153? PAGEREF _Toc352754610 h 243:What happens after a due process complaint is submitted? PAGEREF _Toc352754633 h 35 HYPERLINK l "_Toc352754634" Question C-4:What happens if a hearing officer determines that a due process complaint is insufficient? PAGEREF _Toc352754634 h 36 HYPERLINK l "_Toc352754635" Question C-5:What is the timeline for filing a due process complaint? PAGEREF _Toc352754635 h 36 HYPERLINK l "_Toc352754636" Question C-6:May States establish procedures permitting a due process complaint to be filed electronically? PAGEREF _Toc352754636 h 37 HYPERLINK l "_Toc352754637" Question C-7:Must States have procedures for tracking when due process complaints are received, including due process complaints filed electronically if a State accepts due process complaints filed electronically? PAGEREF _Toc352754637 h 38 HYPERLINK l "_Toc352754638" Question C-8:Are there any mechanisms that an SEA must provide to assist parents and public agencies in filing a due process complaint? PAGEREF _Toc352754638 h 38 HYPERLINK l "_Toc352754639" Question C-9:May a parent file a due process complaint because his or her child's teacher i3:Does the parent still have the right to challenge the sufficiency of the due process complaint when an LEA files a due process complaint? Must the parent respond to the LEA's due process complaint? PAGEREF _Toc352754661 h 50 HYPERLINK l "_Toc352754662" Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? PAGEREF _Toc352754662 h 51 HYPERLINK l "_Toc352754663" Question D-5:If a parent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for convening a resolution meeting begin? PAGEREF _Toc352754663 h 51 HYPERLINK l "_Toc352754664" Question D-6:Are there circumstances in which an LEA would not be required to convene a resolution meeting when it receives notice of a parent's due process complaint? PAGEREF _Toc352754664 h 52 HYPERLINK l "_Toc352754665" Question D-7:Does the timeline for a due process hearing decision always begin after the 30-day resolution period? PAGEREF _Toc352754665 h 52 HYPERLINK5:How must SEAs and LEAs apply the timeline requirements for expedited due process hearings if the due process complaint is filed when school is not in session? PAGEREF _Toc352754689 h 62 HYPERLINK l "_Toc352754690" Question E-6: May a party challenge the sufficiency of a due process complaint requesting an expedited due process hearing? PAGEREF _Toc352754690 h 63 HYPERLINK l "_Toc352754691" Question E-7:May a hearing officer extend the timeline for making a determination in an expedited due process hearing? PAGEREF _Toc352754691 h 63 HYPERLINK l "_Toc352754692" Question E-8:How can the parties meet the requirement in 34CFR300.512(b) to disclose evaluations and recommendations to all parties at least five business days before an expedited due process hearing begins? PAGEREF _Toc352754692 h 63 HYPERLINK l "_Toc352754693" Question E-9:May a school district proceed directly to court for a temporary injunction to remove a student from his or her current educational placement for disciplinary reasons or must the school district exhaust administrative remedies by first filing a due process complaint to request an expediteAnswer:The Department provided the following pertinent explanation in Question L-1 in Questions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011:As provided in 34CFR300.140(b), a parent of a child enrolled by that parent in a private school has the right to file a due process complaint [and use the mediation procedures in 34CFR300.506] regarding the child find requirements in 34CFR300.131, including the requirements in 34CFR300.300 through 300.311. The due process provisions in section 615 of the Act and 34CFR300.504 through 300.519 of the regulations [which include the mediation procedures in 34CFR300.506], do not apply to issues regarding the provision of services to any particular parentally-placed private school child with disabilities whom an LEA has agreed to serve because there is no individual right to services for such children under the IDEA. 34CFR300.140(a). Disputes that arise about equitable services are, however, properly subject to the State complaint procedures in 34CFR300.151 through 300.153 [described in Section B of this Q&A document]. As provided in 34CFR300.140(c), a parent may file a signed written Answer:As noted previously, the IDEA and its implementing regulations do not allow a public agency to require a parent to participate in mediation because mediation is voluntary. However, a public agency may establish procedures to offer parents and schools that choose not to use the mediation process an opportunity to meet, at a time and location convenient to the parents, with a disinterested third party: (1) who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the State established under section 671 or 672 of the IDEA; and (2) who would explain the benefits of, and encourage the use of, the mediation process to the parents. 34CFR300.506(b)(2). Public agencies that choose to establish these procedures must make clear to parents and schools that they have the opportunity to participate in the meeting with the disinterested third party, but that their participation is voluntary. The disinterested third party would explain the benefits of mediation, including that it is voluntary, and if successful, could result in the resolution of the dispute without the need to use more formal, costly, and rt of the United States. 34CFR300.506(b)(7). However, notwithstanding the provisions in 34CFR300.506(b)(7) addressing judicial enforcement of mediation agreements and 300.510(d)(2), addressing judicial enforcement of resolution agreements, nothing in part 300 would prevent the SEA from using other mechanisms to seek enforcement of those agreements, provided that the use of the State's mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States. 34CFR300.537. Therefore, in addition to judicial enforcement of mediation and resolution agreements, 34CFR300.537 gives States the flexibility to allow enforcement of those agreements through other State mechanisms such as their State complaint resolution procedures in 34CFR300.151-300.153. 71 FR 46604-46605 and 71 FR 46703 (August 14, 2006). Question A-28:May a parent file a State complaint on matters that were not addressed in, or that arose after the time covered by, the mediation agreement? Answer:Yes. If the mediation agreement covers a specific time perAnswer: Some differences include who can file each type of complaint, subject matter, timing, procedures, and appeal processes. More parties are eligible to file a State complaint than a due process complaint. As explained in Question B-3, a State complaint may be filed by an organization or individual, including one from another State. In contrast, only a parent or a public agency may file a due process complaint. Therefore, while a parent has the option of filing a State complaint or a due process complaint to request a due process hearing, an organization or individual, other than a child's parent may not file a due process complaint to request a due process hearing. Another difference is the subject matter of each type of complaint. A State complaint must allege that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations, but a due process complaint is available for matters regarding the identification, evaluation, or educational placement of a child with a disability, or the provision of FAPE to the child. Therefore, while a matter that could be the subject of a due process complaint could also be the subject of a State complaint, the reverse is not always tQuestion B-11:How does an SEA resolve a complaint when an organization or individual, other than a child's parent, files a State complaint regarding a specific child? Answer:An SEA is required to resolve any complaint that meets the requirements of 34CFR300.153 filed by an organization or individual, including one from another State. This includes a signed written complaint alleging that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations regarding a particular child with a disability, regardless of whether the State complaint has been filed by the child's parent or by an organization or individual other than the child's parent. Thus, in resolving such a complaint, the SEA would be required to follow the minimum State complaint procedures in 34CFR300.152 as it would for any other State complaint that alleges that a public agency has violated a requirement of Part B of the IDEA or the Part B regulations.If a complaint is filed by an organization or individual other than the parent, parental consent must be obtained before an SEA may provide personally identifiable information about a child to a non-parent complainant as part of the complaint decision. 34CFR9Answer: Under 34CFR300.153(d), the complainant must provide a copy of the complaint to the LEA or public agency serving the child at the same time the complaint is filed with the SEA. The regulations do not specifically address a situation where the complainant only provides the complaint to the SEA and does not forward it to the LEA or public agency serving the child. An SEA should include the actions that will be taken under these circumstances in its complaint procedures established under 34CFR300.151(a) and provide proper notice of its procedures. An SEA's complaint procedures should address how the complainant's failure to provide the required copy to the LEA or public agency serving the child will affect the initiation of the complaint resolution and/or the time limit for completing the complaint resolution. For example, an SEA could adopt procedures that include advising the complainant in writing that the complaint resolution will not proceed and the 60-day time limit will not begin until the complainant provides the LEA or public agency serving the child with a copy of the complaint as required by the regulations. 71 FR 46606 (August 14, 2006). As an additional protection for parents, consQuestion B-27:If a parent has filed a State complaint and the State's resolution is still in process, can the parent request a due process hearing pending resolution of the State complaint?Answer:Yes. A parent who has filed a State complaint is not prevented from filing a due process complaint on the same or similar issues. However, if a parent files a due process complaint and the hearing officer rules on that issue, the due process hearing decision is binding as to that issue. Therefore, while the State may have begun the process of resolving a State complaint prior to the receipt of a due process complaint, pursuant to 34CFR300.152(c)(1), the State must set aside any issues in the State complaint that are being addressed in the due process hearing. As indicated in Question B-26, any issue in the State complaint that is not part of the due process action must be resolved using the State complaint resolution procedures in accordance with 34CFR300.152(a) and (b). 34CFR300.152(c).Question B-28:May a State complaint be filed on an issue that was previously decided in a due process hearing?Answer:Under 34CFR300.152(c)(2)(i), if a hearing officer has previously ruled on an issue at a due proce34CFR300.53734CFR300.60034CFR300.611-300.626C. Due Process Complaints and Due Process Hearing ProceduresAuthority:The requirements for due process complaints and due process hearings are found in the regulations at 34CFR300.507-300.516. Question C-1: Why does the IDEA require that a party file a due process complaint in order to request a due process hearing?Answer: The IDEA Amendments of 2004 made significant changes to IDEA's due process procedures, and parties no longer have the right to request a due process hearing directly. Rather, in order to request a due process hearing under the IDEA, a party (a parent or a public agency) or the attorney representing the party, first must file a due process complaint consistent with 34CFR300.507 and 300.508. When a parent or a parent's attorney files a due process complaint, the IDEA provides for a 30-day resolution period, subject to certain adjustments, prior to the initiation of a due process hearing. 34CFR300.510. The purpose of the resolution process is to attempt to achieve a prompt resolution of the parent's due process complaint as early as possible at the local level and to avoid the need for a more costly, adversarial, a time limitation for filing a due process complaint under 34CFRpart 300, in the time allowed by that State law. 34CFR300.507(a)(2). The applicable timelines described above do not apply to a parent if the parent was prevented from filing a due process complaint due to: (1) specific misrepresentations by the LEA that it had resolved the problem forming the basis of the due process complaint; or (2) the LEA's withholding of information from the parent it was required under part 300 to provide to the parent. 34CFR300.511(f). There is nothing in the IDEA or the Part B regulations that would preclude a State from having a time limit for filing a due process complaint that is shorter or longer than two years. 71 FR 46697 (August 14, 2006). The time limitation for filing a due process complaint used by the State, whether the IDEA timeline or the State-established timeline, must be included in the notice of procedural safeguards that must be given to parents one time a year and upon receipt of the first due process complaint under 34CFR300.507 in a school year. 34CFR300.504(a)(2) and 300.504(c)(5)(i). Question C-6:May States establish procedures permiHowever, if a parent of a child who is home schooled or parentally-placed in a private school by the parent at the parent's expense does not provide consent (or fails to respond to a request to provide consent) for the initial evaluation or reevaluation of his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the evaluation or reevaluation may be provided to the child. 34CFR300.300(d)(4). In addition, if a parent fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling that the services may be provided to the child. 34CFR300.300(b)(3). Further, if at any time subsequent to the initial provision of special education and related services, a parent revokes consent in writing for the continued provision of special education and related services to his or her child, the public agency may not use the due process procedures under 34CFR300.507-300.516 in order to obtain agreement or a ruling thQuestion C-22:When would it be permissible for a hearing officer to extend the 45-day timeline for issuing a final decision in a due process hearing on a due process complaint or for a reviewing officer to extend the 30-day timeline for issuing a final decision in an appeal to the SEA, if applicable? Answer:The timelines for due process hearings and reviews described in 34CFR300.515(a) and (b) may only be extended if a hearing officer or reviewing officer exercises the authority to grant a specific extension of time at the request of a party to the hearing or review. 34CFR300.515(c). A hearing officer may not unilaterally extend the 45-day due process hearing timeline. Also, a hearing officer may not extend the hearing decision timeline for an unspecified time period, even if a party to the hearing requests an extension but does not specify a time period for the extension. Likewise, a reviewing officer may not unilaterally extend the 30-day timeline for reviewing the hearing decision. In addition, a reviewing officer may not extend the review decision timeline for an unspecified time period, even if a party to the review requests an extension but does not specify a time period for the extension.Q34CFR300.507-300.51634CFR300.52034CFR300.60034CFR300.611-300.626The Q&A documents cited in this section can be found at: Questions and Answers on Highly Qualified Teachers Serving Children with Disabilities, January 2007: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2C"http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C2%2CQuestions and Answers on Serving Children with Disabilities Placed by Their Parents in Private Schools, April 2011: HYPERLINK "http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C" http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2CD.Resolution ProcessAuthority:The requirements for the resolution process are found in the regulations at 34CFR300.510.Question D-1:What is the purpose of the resolution meeting? Answer:The purpose of the resolution meeting is to achieve a prompt and early resolution of a parent's due process complaint to avoid the need for a more costly, adversarial, and time-consuming due process hearing and the potential for civil litigation. Section 300.510(a)(1) of the Part B regulations, consistent with section 615(f)(1)(B)(i) of the IDEA, provides that within Question D-4:If a due process complaint is amended and the 15-day timeline to conduct a resolution meeting starts over, must the LEA conduct another resolution meeting? Answer:Yes. Under 34CFR300.508(d)(3), a party may amend its due process complaint subject to the following conditions. The other party must consent in writing to the amendment and be given the opportunity to resolve the complaint through a meeting held pursuant to 34CFR300.510. Alternatively, the hearing officer may grant permission to amend the complaint at any time not later than five days before the due process hearing begins. This process is intended to ensure that the parties involved understand the nature of the complaint before the due process hearing begins. 71 FR 46698 (August 14, 2006).Under 34CFR300.508(d)(4), when a due process complaint is amended, the timeline for the resolution meeting and the time period for resolving the complaint begin again with the filing of the amended due process complaint. 71 FR 46698 (August 14, 2006).Question D-5:rent files a due process complaint with the LEA or public agency but does not forward a copy of the due process complaint to the SEA, when does the timeline for conveniAnswer:Yes. If there is no adjustment to the 30-day resolution period timeline as described in Question D-7, and if the LEA or the parent does not seek the hearing officer's intervention as described in Question D-13, regardless of the reasons for the parties' inaction, the 45-day timeline for a due process hearing decision would remain in effect. 34CFR300.510(b)(2) and 300.515(a). Question D-15:What is the SEA's responsibility for ensuring that LEAs comply with the resolution process requirements?Answer:As explained in the Analysis of Comments and Changes, the Department fully expects that only in very rare situations will an LEA fail to meet its obligation to convene a resolution meeting within 15 days of receiving notice of the parent's due process complaint, delay the due process hearing by scheduling meetings at times or places that are inconvenient for the parent, or otherwise not participate in good faith in the resolution process. In instances of noncompliance, parents are able to request a hearing officer to allow the due process hearing to proceed. 71 FR 46702 (August 14, 2006). In addition, an SEA has an affirmative obligation to ensure its LEAs' compliance with the resolution process tKey regulatory references related to the resolution process, as cited above, can be found at HYPERLINK "http://idea.ed.gov/explore/home" http://idea.ed.gov/explore/home, and include the following:34CFR300.1134CFR300.14934CFR300.506-300.51634CFR300.53734CFR300.60034CFR300.611-300.626E.Expedited Due Process HearingsAuthority:The requirements for expedited due process hearings are found in the regulations at 34CFR300.532-533.Question E-1:What is an expedited due process hearing? Answer:An expedited due process hearing is a hearing involving a due process complaint regarding a disciplinary matter, which is subject to shorter timelines than a due process hearing conducted pursuant to 34CFR300.507-300.516. Under 34CFR300.532(a), a parent of a child with a disability who disagrees with any decision regarding placement under 34CFR300.530 and 300.531, or the manifestation determination under 34CFR300.530(e), or an LEA that believes that maintaining the child's placement is substantially likely to result in injury to the child or to others, may appeal the decision by requesting a hearing. If a parent or LEA files a due process complaint to request a due process hearing uFurther, the expedited due process hearing must occur within 20 school days from the date that the parent's due process complaint requesting a due process hearing is filed. Thus, the resolution period is part of, and not separate from, the expedited due process hearing timeline. If an expedited due process hearing occurs, the hearing officer must make a determination within 10 school days after the hearing. 34CFR300.532(c)(2).Question E-4:May the parties mutually agree to extend the resolution period to resolve an expedited due process complaint? Answer:No. There is no provision in the IDEA or the Part B regulations that permits adjustments to the 15-day resolution period for expedited due process complaints. 34CFR300.532(c). Also, there is no provision in the Part B regulations permitting the parties to agree to extend this time period. Therefore, when the parties have participated in a resolution meeting or engaged in mediation and the dispute has not been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint, the expedited due process hearing may proceed. 34CFR300.532(c)(3)(ii). Question E-5:How must SEAs and LEAs apply the timeline reqse contact the Office for Civil Rights Enforcement Office that serves your State. Contact information for these offices can be found at: HYPERLINK "http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm" http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm. The Education for All Handicapped Children Act refers to Public Law (Pub. L.) 94-142. It is the predecessor statute to Part B of the IDEA. After the U.S. Department of Education was created, the Part B regulations in part 121a of title 45 of the Code of Federal Regulations (CFR) were removed and recodified in title 34 CFR part 300. The former 34 CFR 300.506 and its accompanying comment were unchanged and remained in effect until May 11, 1999. This Q&A document includes references to Assistance to States for the Education of Children with Disabilities and Early Intervention Programs for Infants and Toddlers with Disabilities, Final Regulations, Analysis of Comments and Changes, 64 Federal Register 12406, 12537-12656 (Mar. 12, 1999). This document will be cited throughout this Q&A as 64 FR with the appropriate page number. Under 34 CFR 300.30(a), the term parent means: (1) a biological or adoptive pation A of this Q&A document. For more information on State complaint procedures, see Section B of this Q&A document. See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majority under State law. For expedited due process complaints, the resolution meeting must occur within seven days of receiving notice of the parent's due process complaint. 34 CFR 300.532(c)(3). The resolution process requirements for expedited due process complaints are described in more detail in Section E of this Q&A document. It should be noted, however, that one way for an LEA to amend a due process complaint that is not sufficient, is for the parent to agree in writing and be given an opportunity to resolve the LEA's due process complaint through a resolution meeting. 34 CFR 300.508(d)(3)(i). See Footnote 5 in Section A of this Q&A document for the definition of the term parent and for information about the transfer of rights accorded to parents under Part B of the IDEA to a student who has reached the age of majoQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page iiQuestions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 5 Questions and Answers on IDEA Part B Dispute Resolution Procedures Page PAGE 1