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PROGRAMS
& SERVICES:
SPECIAL EDUCATION:
POLICY & ADMINISTRATION:
DISPUTE RESOLUTION
(Updated 4/30/09)
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Parents of a student
receiving special education services who disagree with decisions made by the school
regarding a student’s identification, eligibility, evaluation, Individualized Education
Program (IEP) or placement have three options available for resolving disputes with
the school. These options include mediation, due process hearing and administrative
complaint:
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MEDIATION
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Mediation is a free,
voluntary process that will be used only if you and the school agree to take part.
The mediator’s job is to help you and the school district come to an agreement, not
to make decisions for you. You or the school may end mediation at any time. Agreeing
to mediation will not delay or deny access to a due process hearing, and you may
ask for mediation at any time, either before or after you request a hearing. The
Department of Education will offer mediation when you or the school asks for a due
process hearing, but you are not required to accept it. Mediation will be scheduled
at a time and place convenient to you and the school district.
A trained, impartial mediator who is not an employee of the school district and has
no conflict of interest with your situation will conduct the mediation. The Vermont
Department of Education has a list of qualified mediators who are assigned, on a
rotating basis, to work with parents and school staff. You and the school district
may agree on a different mediator. You may bring an advocate, support person and/or
family members to mediation. Your school district may bring its lawyer but only if
you bring one, too. The information that you and the school district discuss during
mediation is confidential. What you and the school district say cannot be repeated
in a later due process hearing or court proceeding. If you and the school district
reach an agreement, it will be put in writing and become part of your student’s permanent
education records.
To Request Mediation
To request mediation, write to:
Vermont Department of Education
Special Education Mediation Service
120 State Street
Montpelier, VT 05620-2501
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DUE
PROCESS SYSTEM INFORMATION & FORMS (Updated 4/30/09)
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A special education due process hearing is a formal review conducted by a trained, impartial hearing officer appointed by the Vermont Department of Education. Due process complaints may be filed with the department regarding special education and 504 issues for students. On August 24, 2006, new special education rules went into effect that incorporated comments from school and parent representatives.
Two separate forms have been developed for filing a due process complaint; one for parents and one for school districts. A hearing may be requested in writing using the form(s) provided below. For questions or concerns about the process, contact Susan Boyd at (802) 828-3136. NOTE: The change on April 30, 2009 involves updating the address information for the Vermont Family Network.
- For Parents Filing a Due Process Complaint
 (Updated 4/30/09)
This packet download contains background information, a copy of the applicable Vermont State Board of Education Rules dealing with due process complaints, a parent complaint form, and sample timelines for completion of the hearing. Use this document to submit a due process complaint to resolve a disagreement about the identification, evaluation, eligibility or placement of your student or regarding the provision of a free appropriate public education for your student under the Individuals with Disabilities Education Improvement Act (IDEIA).
The parent complaint form is offered in the formats below. The Word and RTF versions are offered as a "writeable form." These formatted documents allow the user to download this form and complete it using a word-processing application. Use the "tab" key to move through the form to type in the spaces provided. NOTE: When using the Word or RTF version, please be sure to review the material contained on page 1; by default, the form will open to the second page.
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- For Districts Filing a Due Process Complaint
On August 24, 2006, new special education rules went into effect that incorporated comments from school and parent representatives. This memo contains information about the revised due process system to ensure a fair and faster resolution of the issues regarding a student's education program.
NOTE: The district complaint form is offered in the formats below. To complete the district form using a word processing program, use either the RTF or Word version.
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Due Process Hearing Officer Decisions
Use the links below to access individual case decisions for 2005, 2006 and 2007. These decisions might be used as resources for parent advocates, school administrators, special education attorneys or by other states. |
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2007
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2006
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2005
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NOTE: On appeal; the decision was vacated for lack of jurisdiction by Order of the Federal Court. |
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ADMINISTRATIVE
COMPLAINTS
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You have the right to file an administrative complaint with the Vermont Commissioner of Education if you believe a school district has violated federal or state special education laws. An organization or a group of parents may also file a complaint if it believes that there are violations affecting a number of students. The Commissioner will appoint department staff to investigate the complaint, and a decision must be issued within 60 days of receipt of the complaint, unless an extension is granted. You will receive a copy of the decision.
To investigate the complaint, the Department of Education may, but is not required to, conduct an on-site review. The department will also give you an opportunity to present additional information, orally or in writing. Its staff will review all relevant information and make a decision about whether the school district has violated federal or state special education laws. If your administrative complaint is also the subject of a due process hearing, the department will not investigate any part of the complaint that is being addressed as part of the due process hearing until the conclusion of the hearing. The due process hearing decision is binding.
To File an Administrative Complaint
To file an administrative complaint, an individual may download, fill in and mail the form below, or may write a letter to the Commissioner. If writing a letter to the Commissioner, you must include all of the information required by the relevant regulations and the administrative complaint form below. Send the completed form or letter to:
Commissioner of Education
Vermont Department of Education
120 State Street
Montpelier, VT 05620-2501
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- Administrative Complaint Form
The administrative complaint form is offered in the formats below.
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FOR
QUESTIONS OR ADDITIONAL ASSISTANCE
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If you are unable to
write, you may use other means of communication to request mediation, due process
or an administrative complaint. The Department of Education’s legal section at (802)
828-3136 will help you. |
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