The Individuals with Disabilities Education Act (IDEA) requires states to have a formal process for parents and districts to resolve special education related disputes. We offer facilitation and mediation of special education meetings, as well as overseeing the state administrative complaints and due process hearings systems. For more information about the Dispute Resolution processes, please reference the Special Education Manual.
- Conflict provides opportunities
- Perceptions of neutrality, fairness, and honesty are the currency of the office
- Everyone deserves to be heard and understood
- Conflict should be resolved at the lowest level appropriate
- Good outcomes are child-centered and IDEA compliant
Facilitation is a process offered to help special education teams reach agreements and decisions related to students' individual education programs. Individualized Education Plan (IEP) team meetings, and other special education team meetings, may benefit from skilled and capable facilitators who can assist the team in working together. The facilitator is neutral, is not a member of the team, and makes no decisions for the team. The facilitator is knowledgeable about special education, skilled at running effective meetings, and adept at managing challenging issues that may arise when teams disagree. There is no charge for facilitation to either the district or the parent. To request facilitation, contact SDE Dispute Resolution.
Mediation is a voluntary process where an State Department of Education (SDE) trained neutral and third-party provides a structure for parents/adult students and district personnel to identify points of agreement. They work to resolve points of disagreement concerning the identification, evaluation, educational placement, or provision of free appropriate public education (FAPE). Mediation aims to build positive working relationships, encourages mutual understanding, and helps the parties focus on their common interest – the student. There is no charge for mediation to either the district or the parent. To request mediation, contact SDE Dispute Resolution.
State administrative complaints can be filed by any individual or organization alleging any violation of the Individuals with Disabilities Education Act, Part B (IDEA) including an alleged failure to comply with a previous due process hearing decision. State complaint procedures are outlined in IDEA regulations requiring that, in part, a complaint must allege a violation that occurred no more than one year prior to the date the complaint has been received.
- personnel issues or assignments,
- teaching/instructional methodology,
- parental access to the campus, or
- Other local matters of concern.
These types of issues may be reported the Idaho Professional Standards Commission.
Additionally, please note that the special education complaints process also cannot address concerns related to:
- harassment, or
These types of issues may be addressed to the U.S. Department of Education's Office for Civil Rights, which can be reached at 1-800-872-5327. For questions or concerns regarding Section 504 determination or services please contact Eric Studebaker at (208) 332-6961 or firstname.lastname@example.org
A due process hearing request involves an allegation or a series of allegations filed with the SDE by either parent/adult student or the district on issues relating to the identification, evaluation, educational placement, and the provision of free appropriate public education (FAPE).
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.
- Dispute Resolution Comparison Chart - Reviewed 2021
- Discipline and Manifestation Determination Flowchart - Reviewed 2021
- Endrew F. Supreme Court Ruling Update - Reviewed 2021
- Facilitation Parent Guide | (versión en español) - Reviewed 2021
- Facilitation Request Form (Fillable) - Reviewed 2021
- Facilitation Request Form (Printable) | (versión en español) - Reviewed 2021
- Mediation Parent Guide | (versión en español) - Reviewed 2021
- Mediation Request Form (Fillable) - Reviewed 2021
- Mediation Request Form (Printable) | (versión en español) - Reviewed 2021
State Administrative Complaint
- Procedural Safeguards Notice | (versión en español) - Reviewed 2021 | (Arabic Version) - Reviewed 2021
- State Administrative Complaint Form (Fillable Version) - Reviewed 2021
- State Administrative Complaint Form (Print Only Version) | (versión en español) - Reviewed 2021
- Procedures for Resolving Complaints | (versión en español) - Reviewed 2021
Due Process Hearing
- Due Process Hearing Parent Guide | (versión en español)
- Due Process Hearing Request Form (Fillable) - Reviewed 2020
- Due Process Hearing Request Form (Printable) | (versión en español) - Reviewed 2020
- Expedited Due Process Hearing - Discipline Related Form (Fillable) - Reviewed 2020
- Expedited Due Process Hearing - Discipline Related (Printable) | (versión en español) - Reviewed 2020
For additional documents, click the appropriate + sign below to open a dropdown list.
Frequently Asked Questions
For answers, click the appropriate + sign below.
State Administrative Complaints
Expedited Due Process Hearings
Due Process Hearings
For Dispute Resolution training, please view the Idaho Training Clearinghouse.