Conciliation Conference

• Why request: If you disagree with a school district proposal or refusal in a Prior Written Notice (PWN) to initiate or change your child’s identification, evaluation, or educational placement or the provision of a Free Appropriate Public Education to your child
• How to request: Object to the PWN in writing within 14 days of the date the school district sent you the PWN and request a Conciliation Conference *
• Who participates: A district representative with authority to make decisions that may resolve the disagreement, other appropriate school staff, parent, student (if appropriate), and others invited by the parent. If you’ve consulted with a PACER parent advocate prior to the meeting, you may request they attend.
• Timeline: Held within 10 calendar days of the date the school district receives a parent’s request for this meeting
• Decision makers: Parents and school district staff
• Outcome: Within five school days after the Conciliation Conference, the district must send you a written memorandum describing the final proposed offer of service and any proposed Individualized Education Program (IEP) or evaluation plan resulting from the Conciliation Conference

* Note: Another option is to object to the PWN in writing within 14 days and request a meeting with appropriate members of the IEP team.

Learn More

Facilitated Team Meeting

• Why request: If you and the school district cannot agree on an appropriate Individualized Education Program (IEP) or Individualized Family Service Plan (IFSP) for your child and you need help from a neutral third party to write a plan that the whole team can agree on
• How to request: Complete a Request for Facilitated Team Meeting form and send it to the Minnesota Department of Education (MDE). The school district can also request this meeting. The process is voluntary and only moves forward if both you and the school district agree to participate.
• Who participates: The entire IEP, IFSP, or multi-agency team, parent, student (if appropriate), others invited by the parent, and an impartial facilitator assigned by the MDE. The facilitator helps maintain open and respectful communication among team members, offers ways to address and resolve conflicts that may arise, and keeps the focus on your student’s needs. If you’ve consulted with a PACER parent advocate prior to the meeting, you may request they attend.
• Timeline: Usually held within three weeks of the MDE receiving a completed Request for Facilitated Team Meeting form from both the parent and the school district
• Decision makers: IEP, IFSP, or multi-agency team
• Outcome: If agreement is reached, an appropriate IEP or IFSP is developed and sent to the parent with a PWN following the Facilitated Team Meeting

Learn More

Mediation

• Why request: If you and the school district disagree, there seems to be no way to move forward, and you need help from a neutral third party to clearly communicate concerns, find common ground, build trust, and explore possible solutions
• How to request: Complete a Request for Mediation form and send it to the Minnesota Department of Education (MDE). The school district can also request this meeting. The process is voluntary and only moves forward if both you and the school district agree to participate.
• Who participates: A balanced group of people on both sides of the table, including a district representative with decision-making authority, school staff who work with the student, parent, student (if appropriate), others invited by the parent, and an impartial mediator assigned by the MDE. The mediator supports a constructive, forward-looking conversation about the issues and leads a problem-solving session to find an acceptable resolution for all. If you’ve consulted with a PACER parent advocate prior to the meeting, you may request they attend.
• Timeline: Usually held within three weeks of the MDE receiving a completed Request for Mediation form from both the parent and the school district
• Decision makers: Parents and school district staff
• Outcome: If agreement is reached, a legally binding Mediated Agreement may be signed by the parent and the school district authorized representative. The terms of a Mediated Agreement include how the issues will be resolved, who is responsible to implement the terms, and a timeline for implementation.

  Learn More

Special Education Complaint

• Why request: If you are concerned the school district did not follow or is not following federal or state special education laws, regulations, or rules
• How to file: Complete a Special Education State Complaint form and send it to the Minnesota Department of Education (MDE).
• Timeline: The alleged violations in your complaint must have occurred within one year of the date the MDE receives your complaint
• Decision maker: The MDE Division of Assistance and Compliance
• Outcome: With limited exceptions, within 60 days after the MDE receives a complaint a final decision, which may include a corrective action plan, is rendered and sent to the parent and the school district. Either party may appeal the decision to the Minnesota Court of Appeals within 60 calendar days.

Learn More

Due Process Complaint and Hearing

• Why request: If you have a dispute with the school district over the identification, evaluation, educational placement, or provision of a Free Appropriate Public Education to your child. If your dispute is over a manifestation determination or discipline-related decision affecting your child's placement, you can file an expedited due process complaint.
• How to file: Complete a Due Process Complaint and Request for Hearing form and send it to the Minnesota Department of Education (MDE). The school district can also file a complaint. NOTE: Legal representation is not required, but guidance from an attorney can be helpful to parents for this legal process. School districts often use an attorney.
• Timeline: You must file your complaint within two years of the date you knew or should have known about the alleged action that forms the basis of the complaint. Within 15 days of receiving notice of your complaint, the school district must arrange for a Resolution Meeting. If your complaint is not resolved within 30 days of the receipt of the due process complaint, the timeline for a due process hearing begins. If you file an expedited due process complaint, an expedited due process hearing must be held within 20 school days.
• Decision maker: If resolved through a Resolution Meeting, the parent and school district. If the complaint goes to a hearing, an Administrative Law Judge from the Minnesota Office of Administrative Hearings.
• Outcome: If the complaint goes to a hearing, a legally binding decision may be issued within 75 days from the date the complaint is filed, but this time frame is often extended for good cause. After an expedited due process hearing, a decision must be issued within 10 school days. Either party may appeal the decision to the Minnesota Court of Appeals within 60 calendar days or to federal district court within 90 calendar days.

Learn More

Discrimination Complaint

• Why request: If you are concerned your child has experienced discrimination based on belonging to any class protected by state and federal law. Examples of protected classes include race, color, creed, religion, national origin, sex, marital status, disability, status with regard to public assistance, sexual orientation, and age.
• How to file a complaint with the school district: If you cannot find the school district nondiscrimination policy and complaint procedures online, contact the Superintendent’s office to  request them in writing, including which school district staff person should receive your complaint, the timeline for filing, and outcomes.  The decision maker in a school district complaint process is the Human Rights Coordinator, Civil Rights Compliance Officer, Title IX Coordinator, or Americans with Disabilities Act/504 Coordinator.
• How to file a complaint with the Minnesota Department of Human Rights: The Minnesota Department of Human Rights (MDHR) is the civil rights enforcement agency for the state, charged with enforcing the Minnesota Human Rights Act. To file a complaint with the MDHR, the time limit is one year from the date of the incident. You do not need to have legal representation to file a complaint. If resolution is not reached through Mediation or Conciliation, the complaint is resolved in court.
  
  Additional Information: Minnesota Department of Human Rights complaint investigation process - mn.gov 
• How to file a complaint with the U.S. Department of Education, Office for Civil Rights: The Office for Civil Rights (OCR) is a federal agency that enforces several federal civil rights laws, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990.  The mission of the OCR is ensuring equal access to education through vigorous enforcement of the civil rights of every student in the United States. To file a complaint with the OCR, the time limit is ordinarily within 180 days of the last act of discrimination. The decision maker in an OCR complaint process is the investigator assigned to your complaint.
  
  Additional Information: Office for Civil Rights complaint investigation process - ed.gov

Learn More