DMS 2.0: Dispute Resolution: State Complaint, Due Process, Mediation
States are required under Part B and Part C to have systems in place for the resolution of disputes under three formal processes included in the IDEA. State dispute resolution systems must meet the requirements contained in the Part C and Part B regulations for:
- Investigating and resolving any administrative complaints filed;
- Offering mediation to resolve disagreements; and
- Arranging for the conducting of due process hearings through an impartial process.
Dispute Resolution Protocols
OSEP has developed joint Parts C and B dispute resolution protocols to guide OSEP's Phase 1 inquiry and state engagement. Each of the protocols are organized by an overarching topical question and focus area related to the monitoring component, general information about what states need to answer the question, follow-up questions to more closely examine general information provided by the State, and possible areas for additional focus or support that could result in areas of identified concern or noncompliance.
- Dispute Resolution State Complaint Protocol
- Dispute Resolution Due Process Protocol
- Dispute Resolution Mediation Protocol
Dispute Resolution Protocol Worksheets
States have requested companion tools to OSEP's protocols for their use in preparing for DMS 2.0 activities. Technical Assistance Centers have adapted the protocols for use by states in planning for and tracking policies and procedures in each general supervision area. These reformatted protocols include a customizable chart for each overarching question where States can track documents and resources, responsible staff, and planned actions to prepare for Phase 1 monitoring activities. States can customize the table rows and columns as needed to meet their specific needs. Technical Assistance Centers will update these tools as needed.
- Dispute Resolution State Complaint Worksheet
- Dispute Resolution Due Process Worksheet
- Dispute Resolution Mediation Worksheet
Dispute Resolution TA Resources
IDEA Early Intervention Family Guides
CADRE developed the following four Family Guides and the Quick Comparison Chart with the support of OSEP and Parent Leaders from across the country.
These four family guides are designed to explain the dispute resolution options under Part C of the IDEA: mediation, written state complaints and the due process complaint and hearing procedures specific to families with infants or toddlers with disabilities (Birth through Age 2). The companion resource, Quick Guide to Early Intervention Dispute Resolution Processes for Infants & Toddlers (Birth through Age 2) offers a side-by-side look at dispute resolution options under Part C of the IDEA. These guides have been translated into the following languages other than English: Spanish, Arabic, Korean, Russian, Simplified Chinese, and Vietnamese.
- IDEA Early Intervention Mediation
- IDEA Early Intervention Written State Complaints
- IDEA Early Intervention Due Process Complaints and Hearing Requests - Part C Procedures
- IDEA Early Intervention Due Process Complaints and Hearing Requests - Part B Procedures
- Additional Information About Part C Due Process Complaints and Hearings
- Quick Guide to Early Intervention Dispute Resolution Processes for Infants & Toddlers (Birth through Age 2)