Dispute Resolution-Safely Moving Through a Roadblock

Practical Dispute Resolution Tips

• It is important to document your concerns and the efforts you make to resolve the problem. Attempt to address the issue with the teacher(s) first.
• Find out if the school or district has their own system for addressing parent complaints.
• Contact the individual at your child’s school one level above the person with whom you have already discussed your concerns. Continue to follow the chain-of-command until you are satisfied with how the dispute has been resolved.
• Contact a Parent Information Network Specialist to help you make use of effective self-advocacy skills (1-877-230-PINS).

The Formal Dispute Resolution Process

The Arizona Department of Education, Exceptional Student Services (ADE/ESS) provides parents and schools with procedures to resolve disputes when informal methods are unsuccessful.

1. Mediation

• Is a less adversarial, voluntary, no cost, approach to dispute resolution;
• a process initiated by contacting the ADE/ESS, Dispute Resolution Unit; and,
• a procedure facilitated by a trained, objective, third party who will assist all parties to come to a mutually agreeable solution.

2. State Complaint

• is a formal ADE/ESS investigation of the issue(s);
• a process which requires a signed written complaint, including required information, be sent to the ADE/ESS, Dispute Resolution Unit; and,
• involves an ADE/ESS complaint investigator who has 60 days to examine the alleged violations and issue a Letter of Findings.

3. Due Process

•  is the most formal of the dispute resolution options;
• you, the school district, or an attorney for either party, must submit a signed, written request for a special education due process hearing to the ADE/ESS Dispute Resolution Unit; and,
• the request will be forwarded to the Arizona Office of Administrative Hearings and assigned to an Administrative Law Judge, who will manage the case, conduct the hearing, and decide the case within 75 days (30 days for resolution period and 45 days for hearing decision).