Idaho State Department of Education

Parents and districts can access facilitation, mediation, and due process hearing options through SDE Dispute Resolution to resolve disputes involving students with disabilities. Any individual or agency can file a state administrative complaint alleging a district has violated the IDEA.

The SDE has two employees managing the Dispute Resolution program: Kimberli Shaner is the Dispute Resolution Coordinator, and Emily Sommer is the Dispute Resolution Program Specialist. The office maintains a list of qualified and experienced contractors throughout the state who are our facilitators, mediators, complaint investigators, and hearing officers. These contractors are assigned on a rotational and geographic basis.

No. Each process serves a different purpose and the four processes (facilitation, mediation, state complaints, and due process hearings) are not hierarchical; they are not mutually exclusive. One does not have to “start with” facilitation before trying mediation or filing a complaint, nor does choosing one option preclude someone from utilizing another option. Additionally, we will offer mediation as a matter of course when a state complaint or a due process hearing is filed.

The presence of conflict can create tension, but having assistance to work through it can improve what may be strained interactions. Efforts to resolve disputes at the least adversarial option appropriate can be proactive and beneficial in improving relationships for the long term. Certainly no one wants to escalate a conflict, but sometimes doing so can bring clarity, resolution and/or necessary intervention to a situation. Conflict unresolved can be detrimental to relationships.

Facilitation is a voluntary process where a trained and impartial third-party helps establish a common agenda and keeps the meeting focused and moving forward. Most special education meetings do not need the services of a facilitator. Generally facilitation is requested when parents and school personnel are experiencing challenges in communicating, or a meeting may be expected to be highly complex or possibly difficult. Any IDEA related meeting may be facilitated and can be requested by a parent or a district representative.

The Dispute Resolution Office maintains a list of qualified facilitators who are knowledgeable in laws and regulations of special education and related services, as well as the art of running meetings. Facilitators are independent contractors who are assigned by the SDE Dispute Resolution Coordinator on a rotational and geographic basis.

A facilitator will contact parties to determine a collaborative agenda, aid parties in keeping meetings focused on the student, provide opportunities for teams to resolve conflicts as they arise, and supports the participation of the team members. Facilitators are not decision makers nor are they members of teams. Facilitators assist in generating ground rules, maintain open communication among team members, clarify points of agreement and disagreement, and maintain impartiality.

No. Facilitation is mutually exclusive from the other dispute resolution processes of mediation, state complaint, or due process hearing. Facilitation can be requested at any time.

No. Facilitation is free to all participants and contractors are paid through the State Department of Education.

A request for facilitation may be made by either the parent/adult student or the district. To request facilitation, contact the State Department of Education Dispute Resolution Coordinator.

Mediation is a voluntary process where a trained and impartial third-party facilitates problem-solving over very specific special education concerns. Mediation can include up to six individuals (three persons each from the district’s and the parent’s side). The goal of mediation is for the parties to reach a signed agreement resolving the issues. Mediation agreements can serve to amend a student’s Individualized Education Plan (IEP).

States are required to maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating the provision of special education and related services. Mediators are specially trained in both special education and in advance conflict resolution. Mediators are independent contractors who are assigned by the SDE Dispute Resolution Coordinator on a rotational and geographic basis.

Mediators help each party clearly communicate concerns, find common ground, and explore possible solutions. The mediator does not make decisions, but rather helps all participants reach their own mutually agreeable resolution. Mediators help parties craft a formal agreement that is legally-binding on the parties and can be used to amend an Individualized Education Plan (IEP).

No. Mediation is mutually exclusive from the other dispute resolution processes of facilitation, state complaint, or due process hearing. Mediation can be requested at any time. Additionally, mediation is offered when a complaint or due process hearing is filed.

No. Mediation is free to all participants and contractors are paid through the State Department of Education.

A request for mediation may be made by either the parent/adult student or the district. To request mediation, contact the State Department of Education Dispute Resolution Coordinator.

A state complaint is a statement that a school district has violated a requirement of Part B of the IDEA.

Any individual or agency who believes that a district has violated the IDEA can file a state complaint, including a parent or any other individual or organization.

It is preferred that you file your IDEA state complaint using the State Complaint Request Form, however, any signed written request that includes all the required information shall initiate the state complaint process.

Most state complaints allege that an individual student has been impacted by a district not following some part of the IDEA. This would be an individual state complaint – a complaint about an individual student. A systemic state complaint would allege that a district has a system-wide practice that has violated the IDEA for two or more students. A systemic complaint requires the complainant provide the names of all affected students in addition to providing facts to support the allegations for all students named.

A state complaint must allege a violation that occurred not more than one (1) year prior to the date that the compliant is received by the district.

The timeline for the resolution of a state complaint is 60 days. The SDE will resolve the complaint by:

• Carrying out an independent on-site investigation, if it determines such an investigation is necessary
• Giving the complainant an opportunity to submit additional information either orally or in writing, about the allegation(s) in the complaint
• Review all relevant information and make a determination as to whether the district is violating a requirement of Part B of the IDEA
• Issuing a written decision (with a copy sent to the complainant, the state director of special education, the district’s superintendent, special education director and board chair), that addresses each allegation in the complaint and contains findings of fact, conclusions, and reasons for the SDE’s final decision(s) and
• Permit an extension of the time limit if exceptional circumstances exist or if the district and the complainant agree to engage in mediation or another dispute resolution process available in the state.

The SDE will issue a written corrective action plan addressing how the district shall remediate any denial of services, and provide training or other technical support to ensure the district has solved for any noncompliance.

An expedited due process hearing is an administrative hearing to resolve disputes concerning discipline of a student with disabilities. An expedited due process hearing is a request to have an independent hearing officer review a disciplinary decision within twenty (20) school days, with a decision rendered within ten (10) days of the hearing.

A parent or adult student may file an expedited due process complaint if:

1. He or she disagrees with a determination that the student’s behavior was not a manifestation of the disability; or
2. If he or she disagrees with the district’s discipline decision that resulted in a change of placement.

A district may request an expedited hearing if the district believes maintaining the current placement or returning the student to the prior placement is substantially likely to result in injury to the student or others.

It is preferred that you file your expedited due process complaint using the Expedited Due Process Hearing Request form, however, any written request that includes all the required information shall initiate the expedited due process complaint process.

The Dispute Resolution Coordinator will appoint a hearing officer within five (5) days of a request, with a resolution session occurring within seven (7) days of receiving a request, unless parties agree to waive the resolution session or attend mediation. The hearing shall occur within twenty (20) school days of the request, with a decision rendered within ten (10) school days of the hearing.

The resolution meeting is held within seven (7) days of a parent filing an expedited due process hearing and provides an opportunity for parties to resolve the disagreement prior to the initiation of an expedited due process hearing by discussing the facts that form the basis of the complaint and possible solutions. Parents and relevant members of the IEP team, and a local education agency representative who has decision‐making authority, must attend the resolution meeting. Other participants may include the student, or an advocate. If an attorney accompanies the parent, the school district’s attorney may also attend.

An expedited due process hearing is conducted by a hearing officer appointed by the State Department of Education who will take evidence from both parties and make a decision about a dispute. The hearing officer will conduct the hearing pursuant to the Idaho Rules of Administrative Procedure of the Attorney General (IDAPA), IDEA requirements, and the Idaho Special Education Manual.

No. However, because of the legal nature of the proceedings, parents often are represented by counsel but may go to a hearing and represent themselves. Districts will usually have an attorney represent them in a due process hearing.

A due process hearing is a formal complaint regarding the identification, evaluation, educational placement, or the provision of a free appropriate public education for a student with a disability or suspected of having a disability. A due process hearing is a request to have an independent hearing officer determine a special education decision.

A parent, school district, or charter school may file a due process complaint.

It is preferred that you file your due process complaint using the Due Process Hearing Request form, however, any written request that includes all the required information shall initiate the due process complaint process.

A due process complaint must be filed within two (2) years of the date you knew, or should have known, about the alleged action/violation that is the reason for the complaint. There are limited exceptions to this timeline. Please refer to the procedural safeguards document for additional information.

The resolution meeting is held within fifteen (15) days of a parent filing a due process hearing and provides an opportunity for parties to resolve the disagreement prior to the initiation of a due process hearing by discussing the facts that form the basis of the complaint and possible solutions. Parents and relevant members of the Individualized Education Plan (IEP) team, and a local education agency representative who has decision making authority must attend the resolution meeting. Other participants may include the student, or an advocate. If an attorney accompanies the parent, the school district’s attorney may also attend.

A due process hearing is conducted by a hearing officer appointed by the State Department of Education (SDE) who will take evidence from both parties and make a decision about a dispute. The hearing officer will conduct the hearing pursuant to the Idaho Rules of Administrative Procedure of the Attorney General (IDAPA), IDEA requirements, and the Idaho Special Education Manual.

No. However, because of the legal nature of the proceedings, parents often are represented by counsel but may go to a hearing and represent themselves. Districts will usually have an attorney represent them in a due process hearing.