What Rights do Parents and School Personnel Have if They Disagree With Each Other Regarding Placement and Services?

Both parents and school district personnel have the right to seek mediation or due process if they do not agree with each other regarding placement or IEP goals and services. Each state has specific policies to follow to request mediation, a process in which an impartial, trained third party reviews all records and interviews relevant personnel in order to find an agreeable solution to the disagreement. The mediator works with both the family and the school personnel to encourage their communication with each other. Mediation is usually quicker and less costly than a due process hearing.

If mediation is not successful, then families or school personnel may call for a due process hearing. IDEA describes the due process hearing procedure for resolving conflicts regarding special education. It also describes the specific conflicts that may be resolved by this process. A due process hearing officer, chosen by both parties from a list provided by the state board of education, conducts the hearing. Parents and school districts may have lawyers and other witnesses present. Each state has its own rules and regulations regarding how a due process hearing is to proceed. Parents should request copies of these regulations from the school or the state board of education.

If parents and schools continue to disagree after a ruling is made by the hearing officer, then either side may appeal to the state board of education. The decision at this appeal level is final, unless either the parents or the school system bring a civil action in court.

Gail Harris-Schmidt, Ph.D., CCC-SLP
Saint Xavier University
Chicago, Illinois

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