Step 7 of 8
Disputes & Resolution
When parents and schools disagree about a student's education, federal and California law provide several options for resolving disputes — from informal resolution to formal legal proceedings. Start with documentation and written communication.
1Mediation (Free & Voluntary)
Mediation is a free, voluntary process in which a neutral mediator helps parents and the school reach an agreement. Either party may request mediation at any time. Mediation agreements are legally binding.
2State Complaint Process (CA)
Parents may file a state complaint with the California Department of Education (CDE) alleging a violation of IDEA or state special education law. The CDE must investigate and issue a decision within 60 days.
3Due Process Hearing
A due process hearing is a formal legal proceeding before an administrative law judge at the California Office of Administrative Hearings (OAH). Either party may request a due process hearing. The two-year statute of limitations applies.
4Resolution Session
Before a due process hearing, the school must convene a resolution session within 15 days of receiving the due process complaint. The resolution session gives the parties an opportunity to resolve the dispute before the hearing.
5Federal Court
If a party is dissatisfied with the due process hearing decision, they may appeal to federal district court. Federal court review is limited to the administrative record unless additional evidence is admitted.
6Letters & Paper Trail Tips
Document everything in writing. Send requests and concerns by email or certified mail. Keep copies of all correspondence. A strong paper trail is essential if you need to pursue formal dispute resolution.
Educational Information Only: This guide is for educational purposes only and does not constitute legal advice. Laws and regulations may change. For advice about your specific situation, consult a qualified education law attorney.