Dispute Resolution Comparison Chart Mediation Due Process State Complaint Resolution Session Both the Parent The Public Agency may Either the Parent or Any individual or and the Public schedule a resolution the Public Agency organization may Initiation of Agency must session upon receipt of a can initiate due initiate a State the process participate due process hearing request process complaint voluntarily from a parent Convened within fifteen Two (2) years from (15) days of receipt of the learning of an issue One (1) year from due process hearing request Time limit None specified (or when either the alleged unless both parties agree in for initiating party should have violation writing to waive the the process learned of the issue) resolution session or agree to mediation. Any matter Any matter Any alleged Any matter concerning concerning concerning violations of Issues that IDEA, Federal identification, IDEA, Federal identification, evaluation, may be regulations, or evaluation, regulations, or placement, or provision of addressed State Board placement, or State Board FAPE Policy 74.19 provision of FAPE Policy 74.19 Sixty (60) days from receipt of The resolution period may Timeline for the complaint, None specified None Specified last for no more than thirty resolving the may be extended (30) days. issues due to exceptional circumstances Both the Parent and the Public Agency must Both the Parent and the Party that MDE Office of agree to the Hearing Officer Public Agency must agree resolves the Special Education solution in to the solution in writing issues writing (assisted by a Mediator)
Dispute Resolution Comparison Chart Mediation Due Process State Complaint Resolution Session Initiation of the process Both the Parent and the Public Agency must participate voluntarily Either the Parent or the Public Agency can initiate due process Any individual or organization may initiate a State complaint The Public Agency may schedule a resolution session upon receipt of a due process hearing request from a parent Time limit for initiating the process None specified Two (2) years from learning of an issue (or when either party should have learned of the issue) One (1) year from the alleged violation Convened within fifteen (15) days of receipt of the due process hearing request unless both parties agree in writing to waive the resolution session or agree to mediation. Issues that may be addressed Any matter concerning IDEA, Federal regulations, or State Board Policy 74.19 Any matter concerning identification, evaluation, placement, or provision of FAPE Any alleged violations of IDEA, Federal regulations, or State Board Policy 74.19 Any matter concerning identification, evaluation, placement, or provision of FAPE Timeline for resolving the issues None specified None Specified Sixty (60) days from receipt of the complaint, may be extended due to exceptional circumstances The resolution period may last for no more than thirty (30) days. Party that resolves the issues Both the Parent and the Public Agency must agree to the solution in writing (assisted by a Mediator) Hearing Officer MDE Office of Special Education Both the Parent and the Public Agency must agree to the solution in writing
volume-iii-final-draft-8-30-15_v1_20160708142156_282584.docx