Dan Ahearn

If a parent disagrees with a district's educational plan, the initial recommended step is to try and resolve the issue with personnel within the district itself through letters, phone calls, or additional meetings. In the event that the disagreement cannot be resolved, then the steps discussed below may be selected.

Whenever a parent or a district cannot agree on any issue relating to special education, either party has access to the dispute resolution system which includes mediation and hearing?.34 CFR 300.506-511.

Mediation: The Bureau of Special Education Appeals offers mediation at no cost to the parties. Mediation is a voluntary process; it cannot be used to delay any due process hearing procedures unless the parties agree otherwise, and it is conducted by an impartial mediator. Depending on the case, it may be a worthwhile avenue to pursue since mediation can be scheduled fairly quickly and agreements can be reached potentially within a few hours. Mediation is a confidential process, and, as a result, mediation discussions may not be used in a later hearing.

Hearing: A party may request a hearing before the Bureau. Upon receipt of a hearing request, the Bureau will assign a Hearing Officer and assign a hearing date (20 days from date of hearing request). Note that hearing requests must contain the name of the student, the residence, and the school that the child is attending, the nature of the problem, and the proposed solution. Omission of any of this information could potentially result in a reduction of any attorney fee awards under federal law. Postponements may be granted by a Hearing Officer for good cause, and parents should expect the granting of postponements during the hearing process. Hearing Officers are full-time employees of the Bureau, and all of the Hearing Officers are attorneys. Parents should expect conference calls and pre-hearing conferences before a case actually proceeds to hearing. Decisions must be issued within 45 days of the hearing request but postponements routinely extend this time line

Upon completion of a hearing, the Hearing Officer issues a written decision. A party who is not satisfied with a Hearing Officer's decision may appeal that decision to state superior court or federal district court?.34 CFR 300.512. Appeals must be filed within 30 days of the decision date.

A hearing decision may include the ordering of services or placements in the future, compensatory education for services that a district should have delivered, and reimbursement for unilateral placement decisions that have been found proper by the Hearing Officer. In addition, if a parent prevails on any significant issue, the parents are entitled to an award of reasonable attorney fees?.20 U.S.C. 1415(i)(3). Under Section 504, a parent may also seek damages for violation of rights. The Bureau of Special Education Appeals has ruled that it cannot award Section 504 damages, but courts possess such authority.

Other: Aside from mediation and hearing, other options to resolve disputes include a parent filing a complaint with the Department of Education's Problem Resolution System which will investigate complaints and issue findings if appropriate. In addition, the federal Office for Civil Rights offers a way for parents to file complaints about violation of special education and other civil rights. Finally, parents and districts may agree jointly to submit their special education dispute to the Bureau of Special Education's Appeal's Advisory Opinion Process which is designed to produce more immediate feedback from a Hearing Officer regarding the merits of a case after a 2.5 hour presentation by the parties. The Advisory Opinion results in a non-binding decision by a Hearing Officer. It is a process that works best with narrow or single issues rather than complex cases. Rules about this process may be obtained from the Bureau.

Contacts: The above organizations can be contacted at the following addresses and phone numbers:

• Bureau of Special Education Appeals
  Bureau of Special Education Appeals
  350 Main Street,
  Malden MA 02148
  781-338-6400



• Problem Resolution System of Massachusetts Department of Education
  Program Quality Assurance Services
  Problem Resolution System
  Massachusetts Department of Education
  350 Main Street
  Malden MA 02148
  781-338-3700



• Office for Civil Rights of the United States Department of Education
  Office for Civil Rights - Boston Office
  U.S. Department of Education
  J.W. McCormack Post Office and Courthouse
  Room 707, 01-0061
  Boston MA 02109-4557
  617-223-9662

Dan Ahearn is an educator and attorney. He works in the education field at the Landmark School, which specializes in teaching students with language based learning disabilities, where he directs the Landmark Outreach Program. He also practices disability, special education, education, and children's law. He has been practicing in these areas for over 15 years. He currently teaches a Children's Law course at Suffolk University Law School; teaches legal research and writing in the First Year Writing Program at the Boston University School of Law; and counsels law students in the Harvard Law School's Office of Public Interest Advising. He was the past Director of the Massachusetts Bureau of Special Education Appeals and served as a Senior Attorney at the Disability Law Center in Boston. He is on the Board of Directors of the Learning Disabilities Network and is a Fellow of the Massachusetts Bar Foundation.

For more information go to A Guide to Special Education