Dispute Resolution

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  Dispute Resolution Options under the Individuals with Disabilities Education Act (IDEA)

  The OSPI Office of Special Education has a webpage outlining the dispute resolution options available to parents of students receiving special education services age 3-21. These dispute resolution options address concerns about the identification, evaluation, educational placement, and the provision of a Free Appropriate Public Education (FAPE) to a student. The four dispute resolution options available in Washington State are:

  • Facilitation: A voluntary process for parents and districts to meet to discuss their concerns with the help of a trained, neutral facilitator. There is no cost for the facilitation services. This is the least formal of all the dispute resolution options.
  • Mediation: This is similar to facilitation, but more formal. Mediation is a voluntary process for parents and districts to meet to discuss their concerns with the help of a trained, neutral mediator. The goal of mediation is for the parties to resolve their disagreements over the student’s special education services. There is no cost for mediation services.
  • Citizen Complaint: This page contains information on filing a complaint and includes a model form to use. Any citizen can file a complaint alleging that a federal or state special education rule of law has been violated. The Office of Superintendent of Public Instruction (OSPI) can investigate allegations that occurred within the past calendar year from the date of the most recent incident. To see results of other citizen complaint decisions click here.
  • Due Process Hearing: This page contains information and guidance on requesting a special education due process hearing, and also includes a model form that can be used. In a hearing, parents and districts appear before an independent administrative law judge. During the hearing parents and districts have the right to present and question witnesses, and to submit or challenge documents regarding the issues. Requests for a due process hearing must be made within two years of the alleged violation. This is the most intensive dispute resolution option. Click here to review past special education due process hearing decisions.

• Dispute Resolution options for matters such as Discrimination or Section 504 (not addressed through the IDEA):

  • The OSPI Office of Equity and Civil Rights: This office is tasked with ensuring that each student in Washington State has equal access to public education without discrimination. On this page you can find information about the complaint process, information for families, resources for school districts, and nondiscrimination laws and policies that apply to Washington public schools.
  • U.S. Department of Education Office for Civil Rights:: The mission of this office is to ensure equal access to education and to promote educational excellence through vigorous enforcement of civil rights in our nation’s schools. This webpage includes links to pages on
    filing a complaint, protecting students, civil rights data, and frequently asked questions.

• Washington Administrative Code regarding Citizen Complaint Procedures:

  • 392-172A-05025; Procedures for filing a complaint.
  • 392-172A-05030; Investigation of the complaint and decision.
  • 392-172A-05035; Citizen complaints and due process hearings.
  • 392-172A-05040; Complaints against OSPI.
  • 392-172A-05045; Informing citizens about complaint procedures.

• Washington Administrative Code regarding Citizen Complaint Procedures:

  • 392-172A-05060; Mediation purpose – Availability.
  • 392-172A-05065; Qualification and selection of mediators.
  • 392-172A-05070; Resolution of a dispute through mediation.
  • 392-172A-05075; Meeting to encourage mediation.

• Washington Administrative Code regarding Due Process Hearing Procedures:

  • 392-172A-05080; Right to a due process hearing.
  • 392-172A-05085; Due process hearing request filing and response.
  • 392-172A-05090; Resolution process.
  • 392-172A-05095; Administrative law judges.
  • 392-172A-05100; Hearing rights.
  • 392-172A-05105; Hearing decisions.
  • 392-172A-05110; Timelines and convenience of hearings.
  • 392-172A-05115; Civil action.
  • 392-172A-05120; Attorneys’ fees.
  • 392-172A-05125; Student’s status during proceedings.

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