Dispute Resolution
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Description: Parental Consent in Special Education: A Fact Sheet for Virginia Families - As a parent or guardian of a child with a disability, it's important to understand your rights and responsibilities regarding parental consent in the special education process. Virginia has very strong consent provisions in its Regulations Governing Special Education Programs for Children with Disabilities in Virginia. For complete information, see regulatory section 8VAC20-81-170. This Fact Sheet includes; What is...
Description: In Virginia, if your child is receiving special education services through an Individualized Education Program (IEP), you have an important right known as 'Partial Consent.' All school divisions in Virginia are required to accept Partial Consent. Here's how it works: When the school presents the IEP for your child, if you agree with some of the proposed items but have concerns or disagreements about others, you can give 'Partial Consent.' As a parent, you can initial or sign your name next...
Description: This toolkit has been created to help families, and the professionals that support them, understand one of Virginia’s dispute resolution processes: the due process complaint system. This toolkit is not all-inclusive; you can review the VDOE Parents’ Guide for more information or contact the VDOE Office of Dispute Resolution and Administrative Services (ODRAS). There may be legal or other terms in the toolkit you are unfamiliar with. Check out the glossary at the end of this document...
Description: This Special Education Mediation Toolkit is a guide for helping parents in Virginia understand the Special Education Mediation Process for Dispute Resolution. Mediation is a dispute resolution process that can be less adversarial than filing an administrative special education complaint or filing for a due process hearing. Mediation is a tool that parents can use if they believe that their rights or their child’s rights have been violated under federal or...
Description: The Parent Educational Advocacy Training Center (PEATC) announces the publication of its latest parent-friendly resource, their Special Education Complaint Toolkit. This toolkit provides detailed information on everything you need to know about why, when, and how to file a state complaint and it helps you prepare for the process. This interactive toolkit has been reviewed by the Office of Dispute Resolution in the Department of Special Education and Student...
Description: Guide to Transition for Families of Youth with Disabilities in Virginia - When young people move from high school to adulthood, a lot of things change. It’s an exciting but also stressful time and we want to help. The Guide is for families and students who want a one-stop resource on the many things related to transitioning from high school to adulthood in Virginia. The Guide provides important information about decisions that may need to be made for and with your child. Topics Include:...
Description: This One-Pager Library contains important information for families, including the difference between IEPs and 504 Plans, handling disagreements about your child's special education program, your Parental Rights and more.
Description: This document includes a non-exhaustive list of non-profit legal services and advocacy organizations in Virginia that provide no-cost legal or advocacy services, technical assistance, and/or referrals to the public. Other attorney or non-attorney services, including pro bono services and special education resources may be available in your community. The Virginia Lawyer Referral Service (VLRS), a program of the Virginia State Bar, provides a low-cost attorney referral and consultation service....
Description: Critical Decision Points for Families of Children with Disabilities - The Critical Decision Points for Families of Children with Disabilities guide was developed in order to assist families of children with disabilities with understanding keys to their children's academic success, as well as decisions that they will have to make throughout their children's careers in public education. Information is provided that will assist parents with understanding not only what decisions will need...
Description: An Ombudsman is a person who serves as a designated neutral party who advocates for a fair process and provides confidential, informal assistance and support to parents, guardians, advocates, educators, and students with disabilities. The Parent Ombudsman for Special Education serves as a resource to parents in non-legal special education matters.
Description: Virtual Meetings: Strategies, Tips and Resources - Circumstances may prohibit participants from attending special education meetings in person. In these situations, technology allows one or all of the individuals to participate through the Internet or telephone. Many types of meetings can occur virtually, including IEP meetings, mediations, resolution sessions, and due process hearings. While each of these types of meetings is unique, virtual meetings share common traits and considerations....
Description: CADRE's major emphasis is on encouraging the use of mediation, facilitation, and other collaborative processes as strategies for resolving disagreements between parents and schools about children's educational programs and support services. CADRE supports parents, educators, administrators, attorneys and advocates to benefit from the full continuum of dispute resolution options that can prevent and resolve conflict and ultimately lead to informed partnerships that focus on results for...
Description: The education of children with disabilities is a top national priority. Our nation’s special education law, the Individuals with Disabilities Education Act (IDEA), sets high standards for their achievement and guides how special help and services are made available in schools to address their individual needs.
Description: In drafting the provisions of IDEA, our nation’s special education law, Congress clearly contemplated that, at times, there would be disagreements between parents of children with disabilities and the school districts providing special education and related services to their children. While it is expected that parents and school personnel will work in partnership to ensure children with disabilities are provided appropriate services, there are times when the child’s parents and...
Description: The Virginia Department of Education is the administrative agency for the commonwealth’s public schools. VDOE works in partnership with Virginia’s 132 school divisions to support and improve teaching and learning, set high expectations for all students, and promote student safety, wellbeing, and health.
Description: Both Individualized Education Programs (IEPs) and 504 plans can offer formal help for K–12 students with learning and attention issues. They’re similar in some ways but quite different in others. This resource compares them side-by-side to help you understand the differences.
Description: We are pleased to provide English speakers with quick access to the wealth of information in Spanish on this website. For those of you who don’t speak Spanish, use this page to easily find and share important information with the Spanish speakers you serve in their own language. Use the alphabetical jumps below to search the list for topics in English. Each item starts with the topic/title in English and a link to information in English on that topic. This is followed by the...
Description: Información en español en este sitio, Nos complacemos en facilitar su acceso rápido a nuestra información en español a través de esta lista alfabética organizada por Tema de Discapacidad.
Description: There are times when parents and schools simply do not agree on some issue affecting a child’s education. They may try informal approaches to resolving the conflict, such as reviewing and revising the child’s IEP or holding a facilitated IEP meeting (an approach emerging in the field). When these don’t result in agreement on what represents an appropriate education for a child, the law (IDEA) provides several approaches that parents and schools can use to help resolve the...
Description: Read This Publication If You Want to Know… How to have your child evaluated (at no cost to you) to see why he or she is having difficulty in school What the evaluation process involves and how you can contribute to it How special education can support your child’s learning, if he or she is found eligible for services How your child’s eligibility is determined and your right to participate in making that decision What happens next, if your child is found eligible...
Description: The federal regulations for IDEA 2004 include a section (Subpart E) called Procedural Safeguards. These safeguards are designed to protect the rights of parents and their child with a disability and, at the same time, give families and school systems several mechanisms by which to resolve their disputes. To learn more about any of these, click on the linked text, and you’ll go to a separate page describing that procedural safeguard. The right of parents to receive a complete...
Description: The central “Hub” of information and products created for the network of Parent Centers serving families of children with disabilities All the materials found on the CPIR Hub have been created and archived for Parent Centers around the country to help them provide support and services to the families they serve. The CPIR employs a user-centered process, gathering the perspectives of our experienced audience—Parent Center staff members and other...
Description: Generations United, with the support of the CVS Caremark Charitable Trust, developed Grand Resources: A Grandparent’s and Other Relative’s Guide to Raising Children with Disabilities to equip the caregivers, including those that provide full and part time care to relative children, with the national resources they need to help their children thrive, now and in the future. In addition to the guide, Generations United has developed a resource directory that serves as a companion piece...
Description: A 37 minute audio/video overview of special education created to help parents of children with disabilities understand what special education is, how a child might get into special education, how to resolve disagreements, and what role parents play. Developed by PACER Center, it is funded in part by a grant from the Minnesota Department of Education.
Description: Resources - Special Education Regulations & Rights "Your Family's Special Education Rights" identifies key parts of the “Individuals with Disabilities Education Improvement Act of 2004” (IDEA), a federal law governing the education of students with disabilities. IDEA 2004 requires that families be informed of their special education rights, including how families and schools can resolve problems. This document is available in Arabic (PDF), Chinese (PDF), English (PDF), Urdu...
Description: Parent Educational Advocacy Training Center (PEATC) is committed to reaching all families, schools, and communities to improve outcomes for students with disabilities. Our Mission- Building positive futures by empowering individuals with disabilities through education and training. We accomplish this by offering: Services and support for families and professionals, Easy-to-understand, research-based information and training, Opportunities for strategic partnerships and advocacy for systemic...
Description: A neutral, impartial, trained mediator may be sought voluntarily by parents and school staff to assist in their negotiations with each other. That assistance to convene and conduct a meeting to clarify issues, focus on the needs of a child, and to explore and evaluate possible solutions in a confidential setting is mediation. Mediators are trained neutrals, skilled in helping people to hear and understand each other and to work jointly to find solutions to difficult issues in special education....
Description: The Office of Dispute Resolution and Administrative Services is charged with the responsibility of managing and monitoring a due process hearing system. We provide information to help individuals understand the steps for requesting and managing an impartial due process hearing. This information is not intended as legal advice or as an interpretation of the laws and regulations governing special education in Virginia. The information will, however, help in understanding the implementation of...
Description: A complaint is generally an expression of some disagreement with a procedure or a process regarding special education programs, procedures or services. A formal complaint is considered a request that this division investigate an alleged violation of a right of a parent and/or child with disabilities who is eligible, or believed to be eligible, for certain services based on federal and state laws and regulations governing special education.
Description: Parents, educators, advocates, and attorneys come to Wrightslaw for reliable information about special education law and advocacy for children with disabilities.
Description: Special education disputes are better resolved at the local level, if possible. Parents and school administrators are encouraged to work together to come to an understanding of mutual concerns and come to an agreement in the best interest of children with disabilities. VDOE offers several resolution options to disputes.