Minnesota Due Process Options - Resolving Differences Through the Special Education Process
* - General information only; please call PACER Center at (952) 838-9000 or the Minnesota Department of Education (MDE) at (651) 582-8689 for further information
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PACER encourages families to try to resolve
differences by first sharing their concerns
with their Individualized Education Program
(IEP) case manager and/or the school
district’s director of special education.
Parents May Contact the Following in Writing:
| Options | Issues |
Who is Usually Involved | Decision Maker(s) |
Timeline | Cost (Parent pays) |
|---|---|---|---|---|---|
| Conciliation When district receives a parent’s objection to a proposal • Required if parent requests |
Parent-school disagreement regarding identification, evaluation, placement, or services | Director of special education, school district staff, parent(s) | Parent(s) and school district | From receipt of request: • set up within 10 calendar days, • memo 5 school days after final conference | None |
| Mediation Voluntary for both parties |
Parent-school disagreement regarding identification, evaluation, IEP placement and services, or other matters | Mediator (assigned by MDE), parent(s), district staff, and others each may choose | Parent(s) and school district | Complete within 30 calendar days of MDE’s receipt of parent’s written request | None |
| Facilitated Individualized Education Program | Parent-school cannot agree on an Individualized Education Program (IEP) | IEP team (including parents) and facilitator (assigned by MDE) | IEP team with support from facilitator | Must be scheduled in a timely manner | None |
| State Complaint | Claim that district is not following special education laws or regulation | Parent(s), organization or any citizen; MDE, Division of Compliance and Assistance | MDE, Division of Compliance and Assistance | File within one year of violation; final decision by MDE 60 calendar days from filing | None |
| Section 504 Complaint | Claim of discrimination based on disability | Parent(s), organization, or any citizen; local 504 Officer, Office for Civil Rights (Region V Chicago) | Office for Civil Rights (Region V Chicago) | File within 180 calendar days of violation | None |
| Impartial Due Process Hearing Required if parent or school requests |
Parent-school disagreement regarding identification, evaluation, placement, or services | Hearing officer from Office of Administrative Hearings, parent(s), district staff, expert witnesses, attorneys | Hearing officer; Must appeal to the Minnesota Court of Appeals within 60 calendar days of decision | File within 2 years of the alleged violation; Written decision within 45 calendar days from the date filed with MDE | Parent(s) pays own attorney fees, expert witnesses (if needed). If parents prevail, they may recover attorney’s fees. |
Parents Need to Know
Conciliation:
- If parents object to any written proposal, they must be offered at least one conciliation conference
- Discussion information may not be used as evidence in a due process hearing
- Memorandum and IEP can be used in a due process hearing
- Request must be in writing
- You may invite your child or others who know him/her
Mediation:
- Either party may request but both parties must agree to participate
- Information is confidential; may not be used as evidence in a due process hearing or civil proceeding
- For complex issues, may require more than one session
- Written agreement is signed by responsible parties
- You may invite your child or others who know him/her
Facilitated IEP:
- Either party may request but both parties must agree to participate; entire IEP team required
- Information can be used in a due process hearing
- Can address the specific areas of concern/disagreement or the entire IEP
- May help build and improve relationships between parents and the school
- You may invite your child or others who know him/her
State complaint:
- Anyone can file a complaint if they feel a violation has occurred
- MDE complaint investigator makes the decision; decisions can be appealed
Section 504 Complaint:
- Can determine discrimination based on disability
- Office of Civil RIghts (OCR) does not handle cases that are being addressed by another agency or within the school grievance procedure
- You have 60 days to refile your complaint with OCR once the other process is completed
- OCR does not represent parties or provide advice if the issues go to a court hearing
- Provides for an impartial 504 hearing but details aren't provided; decision can be appealed within 60 days of OCR's determination
Due Process Hearing:
- A decision is made by the Office of Administrative Hearings (OAH) Hearing Officer/Administrative Law Judge
- Considerable amount of time needed for preparation
- Burden of proof is on the party requesting the hearing
- Most parents use an attorney