For students receiving special education services, there are often decisions to make regarding issues such as classroom settings and appropriate programs and services. While parents, educators, students, and other involved stakeholders work together to ensure positive outcomes for students, they may not always agree on what is best. Parents and other stakeholders who have concerns about special education services have various options available for addressing their concerns. The Michigan Department of Education (MDE), Office of Special Education (OSE) provides both formal and informal dispute resolution procedures and guidelines. Several procedural details changed with the new Michigan Administrative Rules for Special Education (MARSE), which took effect on April 3, 2009.

This FOCUS on Results document will review the changes, as well as provide guidance and technical assistance for the most common MDE dispute resolution options. The OSE encourages informal resolution of disputes.

Informal Dispute Resolution

Informal dispute resolution refers to a number of collaborative processes for resolving special education concerns. These processes enable those with concerns to seek solutions through direct discussion. Discussion may be aided by neutral individuals who facilitate communication and problem solving while allowing the parties to make their own decisions.

Informal dispute resolution processes may be used instead of filing a formal state complaint. Parties may also pursue informal resolution before or after filing a formal state complaint. One or more informal processes may be used. The following are examples of informal dispute resolution processes.

Ask for Intermediate School District (ISD) Assistance—The ISD can be used as a resource for stakeholders with questions or concerns about special education services. Depending on the issue, the ISD may be able to help resolve the problem without a formal state complaint. If a formal state complaint is filed, the ISD will collaborate with the MDE to investigate the complaint in a formal manner. Even with the formal complaint filed, the ISD may still be available for assistance through some informal procedures.

Seek Local Resolution—Local resolution is direct contact between parties. Parties do not have to agree on what happened or why but may agree on steps to address the concern. If the complainant (the person alleging the district is not in compliance) already filed a formal state complaint, the agreement should be documented in writing and signed by the participants.

The MDE should then be given a written notice of the agreement. The MDE will contact all parties to verify the status of the agreement and may close the state complaint or choose to investigate any remaining issues. If no agreement is reached, or the MDE is not notified of an agreement, the MDE will begin its investigation.

Hold an Individualized Education Program (IEP) Team Meeting and/or Facilitated IEP Team Meeting—A neutral facilitator may be requested to support the IEP team process and can help ensure that all viewpoints and ideas are heard. If the IEP team meeting results in an agreement with a formal state complaint already filed, the complainant and public agency must send written notice of the agreement to the MDE.

Use Mediation—Mediation is a voluntary process in which concerns may be addressed with a neutral, trained mediator. The mediator assists the complainant and public agency in discussing the issues, generating options, and negotiating a resolution. The mediator has no authority to impose an outcome. Successful mediation results in a written agreement signed by the parties, and this agreement is enforceable in court.

The MDE encourages the parties to consider mediation. If the parties agree to use mediation, the MDE will provide the mediator at no cost to the parties if they choose to use the Michigan Special Education Mediation Program (MSEMP). The parties may agree to use an outside mediator at public agency expense.

Mediation is available for the complainant and the public agency if local resolution or an IEP team meeting does not result in agreement. However, the parties may choose to pursue mediation without first using a local resolution process or conducting an IEP team meeting.

If a state complaint is filed, and both parties choose to pursue mediation, the MDE will suspend the investigation until the end of the mediation process. After the mediation process, either the public agency or the complainant must provide the MDE with written notification of a complete agreement, partial agreement, or no agreement. The MDE will contact all parties to verify the status of the agreement and may close the state complaint, or investigate remaining issues, depending on the agreement.

If no agreement is reached, the MDE will resume its investigation. Because the MDE investigation is suspended during mediation, the parties must notify the MDE if no agreement is reached or else the investigation will not resume.

Propose a Corrective Action—If a state complaint is filed, and the public agency agrees that a violation has occurred as alleged by the complainant, the public agency may submit a written proposal of corrective action to the MDE and the complainant that addresses the complainant’s proposed resolution. The MDE may accept the proposal or determine the corrective action based upon both the complainant’s and the public agency’s recommendations.

Formal Dispute Resolution

The formal dispute resolution process requires filing a special education state complaint. A state complaint is a formal accusation that initiates an investigation by the MDE and ISD. It is a written and signed allegation that a school district, the MDE, or other public education agency has violated:

• The Individuals with Disabilities Education Act (IDEA) and its implementing regulations.
• The Michigan Administrative Rules for Special Education (MARSE).
• The ISD Plan for the Delivery of Special Education Programs and Services.
• An IEP.
• The implementation of an administrative law judge (ALJ) decision.
• Michigan’s application for federal funds under the IDEA