WHAT'S MY FIRST STEP?

Talk with your child's teacher or others involved in the dispute. Write a letter outlining your concerns and what you want done about the problem. Get a written response to your request. Ask for an IEP meeting to work out the problem. The appropriate person to contact at school districts will vary depending on the size of the district. If the school district has a special education director, make contact with him/her. In smaller districts, the contact person may be the principal or superintendent. See Writing to School District Administrators.

If informal ways to resolve problems do not work, try more formal methods. Formal methods include mediation, a complaint to the Oregon Department of Education and a due process hearing.

WHAT IS MEDIATION?⁴⁰

Mediation has always been available in Oregon but it is a new option available under IDEA. Mediation is a voluntary method of resolving conflicts with the school district. Mediation is available when both parents and school district want to use a third person - a mediator - to help them solve the problem. The mediator must be impartial and trained in mediation techniques.

Information exchanged in mediation is confidential. Both parties will normally be required to sign a pledge of confidentiality. The mediator helps both parties express their views and attempts to resolve the problem. Neither party has to agree to a solution at mediation. All discussions that occur at mediation remain confidential including any information you give to the school district.

Mediation is provided at no cost to parents. Parents can request mediation by calling or writing the Oregon Department of Education or their local school district. A request for a due process hearing may be made at the same time as the request for mediation. Mediation does not extend the due process hearing time lines unless the parties and hearing officer agree. Under the IDEA school districts are allowed to require parents to hear about the benefits of mediation and to encourage its use.

WHAT IS A COMPLAINT TO ODE?⁴¹

Another way to resolve disagreements is to write a letter of complaint to the Oregon Department of Education (ODE). Complaints may be made when parents think that the school district has violated federal laws by failing to provide an appropriate education to their child or to follow required procedures. ODE will only investigate violations listed in the letter of complaint so be sure to list all violations you feel may have occurred with your child's education. To request an investigation of your complaint, use the Model Letter #4.

HOW LONG DOES THE INVESTIGATION TAKE?

After receiving a written complaint, ODE will send a copy of the complaint to the school district. The district must respond within 10 days. ODE must complete its investigation within 60 days. If there are exceptional circumstances, ODE may extend the time for providing a written decision of its findings.

HOW CAN A COMPLAINT RESOLVE MY DISAGREEMENT?

ODE has the responsibility to see that school districts are implementing special education programs in compliance with federal law. ODE has the authority to order school districts to:

• correct policies/procedures
• train personnel
• hold an IEP meeting or conduct evaluations
• provide compensatory education and take other actions necessary to bring districts into compliance with state and federal special education laws.

ODE's complaint system may result in improved services to your child without going through the expense, time and trouble of a due process hearing.

WHAT IS A DUE PROCESS HEARING?⁴²

A due process hearing is an administrative proceeding that resembles a trial. School districts and parents present witnesses, evidence, and arguments to support their positions. An impartial hearing officer decides each issue and orders corrective action, as needed. Hearings may last from a few hours to several days. Hearings may be costly, long and emotionally draining. If possible, parents and district representatives should try informal negotiation and mediation before proceeding with a due process hearing.

DO I NEED AN ATTORNEY?

In Oregon, school districts must be represented by an attorney at a due process hearing. Although it is not required, it is a good idea for parents to seek legal advice and representation for a due process hearing. The school district must advise parents of low-cost or free legal services.

The IDEA allows for a parents' attorney to be paid for by the school district, if the parent prevails. There are a number of factors that affect whether your attorney will be paid for by the district. Consult with a private attorney to obtain more information about fees.

HOW DO I REQUEST A DUE PROCESS HEARING?43

Parents or their attorney send their request for a due process hearing to the Oregon Department of Education (ODE). To request a due process hearing the following information must be included in the letter: the child's name, address, school, problem(s) with facts related to the problem(s), and proposed solutions to the problem(s). If a due process hearing request does not include the required information, the parents' attorney may have his or her attorney fees reduced. See Model Letter #5 to request a due process hearing.

WHAT HAPPENS AFTER I MAKE MY REQUEST?

A hearing officer is appointed. By law, the hearing officer must be impartial so ODE contracts with an outside agency - Adult and Family Services - to provide hearing officers for these cases. AFS must notify the parties of the date, time and location of the hearing. The date, time and location must be convenient to the parents. AFS also will inform parents of their hearing rights.

WHAT IS THE STAY-PUT RULE?44

Parents have the right for their child to remain in the current placement after requesting a due process hearing. This is called the stay-put rule. The child stays in the current placement until the hearing officer decides the issue, or until the parties agree to a different placement.

There are exceptions to the stay-put rule for children who have brought drugs or weapons to school or school events or who are very likely to injure themselves or others. See School Discipline.

WHAT ARE MY DUE PROCESS HEARING RIGHTS?⁴⁵

• To participate in the selection of an impartial hearing officer.
• To have the hearing at a time and place convenient for the parents.
• To have either an open or private hearing.
• To present evidence at the hearing.
• To view all written material supporting the school district's position at least five days before the hearing. School districts have the right to view all the parents' evidence five days before the hearing. Evidence which has not been shared with the other party five days before the hearing may be excluded.
• To ask questions of the school district's witnesses.
• To demand the attendance of witnesses.
• To have the child present at the hearing.
• To get a written or taped transcript of the hearing.
• To get written findings of facts and decisions within 45 days of a request for a due process hearing. This timeline may be extended by the hearing officer at the reasonable request of either party. For example, a hearing officer may agree to an extension to get the results of an independent evaluation.
• To bring an attorney or an advocate to the hearing.
• If parents win at a due process hearing or on appeal the school district will ordinarily have to pay the parents' attorney fees.

CAN I APPEAL A DUE PROCESS HEARING DECISION?⁴⁶

A party who is dissatisfied with the due process hearing decision may file an appeal in state circuit court or federal district court. An appeal must be filed within 120 days of the hearing decision.