You have tried talking. You have sent emails. You have asked for a meeting and gotten one. The school and you still disagree, and someone has mentioned that there are "formal options." The words sound alike: mediation, complaint, due process. They are three different tools.
This guide compares the three formal routes the federal rule sets out, so you can see what each is for and how they differ. It is general information, not legal advice, and states add rules and forms. For the earlier steps, such as talking to the case manager and asking for a meeting, see what to do if you disagree with the IEP.
The three routes at a glance
| Mediation | State complaint | Due process complaint | |
|---|---|---|---|
| What it is | A neutral mediator helps the two sides reach an agreement | The state education agency investigates whether the school broke a rule | An impartial hearing officer decides a dispute |
| Voluntary? | Yes, for both sides | You choose to file | Either side may file |
| What it is about | Disputes under IDEA Part B, including before a due process complaint | A claimed violation of a Part B requirement | Identification, evaluation, educational placement, or provision of a free appropriate public education |
| Time limit to start | None stated in the rule | The violation must be no more than one year old | Two years from when you knew or should have known, unless the state sets another limit |
| Who decides | You and the school, by agreement | The state education agency | A hearing officer |
| Cost to you | The state pays for the mediation process | The rule does not mention a filing fee. Check your state's form | The rule does not set fees. The school must tell you about free or low-cost legal services if asked |
Mediation
Section 300.506 says each school must make mediation available to resolve disputes, including disputes that arise before a due process complaint is filed. The main features:
- Voluntary. Both sides must choose to take part.
- No delay of your rights. Mediation cannot be used to deny or delay your right to a hearing.
- No cost to you. The state pays for the mediation process.
- A neutral mediator. The mediator is trained in effective techniques and is not an employee of the state or school involved in your child's education or care, and has no conflicting interest.
- Prompt and convenient. Sessions are scheduled promptly and held somewhere convenient.
- A written agreement. If you reach one, it is legally binding, signed by you and by a school representative with authority to bind the school, and can be enforced in court.
- Confidential. What is said in mediation cannot be used as evidence in a later hearing or civil proceeding.
State complaint
Under section 300.153, any individual or organization may file a signed written complaint. It must say that the school violated a requirement of IDEA Part B or its regulations, and give the facts. For a complaint about a specific child, it must include the child's name, address, and school, a description of the problem and the facts, and a proposed resolution to the extent known. You must send a copy to the school at the same time you file.
The violation must have happened no more than one year before the complaint was received.
Section 300.152 sets a 60-day limit for the state to carry out its steps: investigate on site if it decides one is needed, let you add information, let the school respond, review the information, and issue a written decision with findings of fact, conclusions, and reasons. The 60 days can be extended only for exceptional circumstances, or if you and the school agree to extend the time to use mediation or another dispute resolution method.
A state complaint is a good fit when the question is whether the school followed a rule. For example: a missed timeline, services not delivered, or a notice not sent.
Due process
Under section 300.507, either a parent or a school can file a due process complaint about the identification, evaluation, or educational placement of a child with a disability, or the provision of a free appropriate public education. The complaint must allege a violation no more than two years before you knew or should have known about it, unless your state sets a different explicit limit. Exceptions apply, for example if the school misrepresented that it had resolved the problem or withheld information it was required to give you.
Two steps happen before a hearing.
- A resolution meeting. Within 15 days of the school receiving your complaint, the school must hold a meeting with you, the relevant IEP team members who know the facts, and a representative with decision-making authority. It is meant to give the school a chance to resolve the dispute. You and the school can agree in writing to skip it or to use mediation instead.
- A 30-day resolution period. If the school has not resolved the complaint to your satisfaction within 30 days, the hearing process may go forward.
If the meeting resolves the dispute, the agreement must be a legally binding written document, and either side can void it within three business days after signing.
At the hearing, the hearing officer must not be an employee of the state or school involved, and must know IDEA, its regulations, and court interpretations. The side requesting the hearing may not raise issues that were not in the complaint, unless the other side agrees.
Choosing among them
| Your situation | A route to consider |
|---|---|
| You want a conversation with a neutral person and a shared agreement | Mediation |
| The school may have broken a specific rule, such as missed deadlines or services | State complaint |
| You disagree about what services or placement your child needs | Due process, often after mediation or a meeting |
| The school's evaluation does not seem right | An independent educational evaluation request, then the other routes if needed |
You can use more than one in some cases, and some states have additional options. Ask your state's parent training center which route fits your situation.
What to prepare
- A timeline of what happened, with dates.
- Copies of the IEP, notices, emails, and reports.
- A short statement of what you want to change.
- The dates of any deadlines you may be near.
If you are unsure where to begin, see the procedural safeguards notice explained, which should list the options and contacts for your state. For a dispute about an evaluation, see independent educational evaluation: a parent's guide.
Comparison mix-ups
- Treating mediation as a requirement. It is voluntary and cannot delay your right to a hearing.
- Missing a deadline. The one-year and two-year limits can end your options.
- Filing the wrong kind of complaint. A rule violation and a disagreement about services are different questions.
- Forgetting the copy to the school. A state complaint must also go to the school.
Terms are in the glossary.