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When you disagree

Find the right route: informal, mediation, complaint or hearing

What is happening?

Tick everything that applies. Most real situations hit several of these at once, which is exactly why a single yes-or-no flowchart gives the wrong answer.

All four routes, side by side

Worth reading even if the tool above picked one for you — families are usually offered only whichever route the district mentions.

RouteWho decidesCostHow longTime limit
Put it in writing and reconveneThe IEP team, with you on itNothingDays to a few weeksAny time
MediationYou and the district — nobody can impose an outcomeFree; the state pays the mediatorWeeksAny time — it does not require a due process complaint first
State complaintYour state education agencyFree; no lawyer needed60 calendar days, by regulationThe violation must have happened within the past year
Due process hearingAn impartial hearing officerYou may represent yourself, but most families who prevail have a lawyer. Fees may be recoverable if you win.75 days at a minimum by regulation, and commonly far longer with extensionsGenerally two years from when you knew or should have known about the problem
Complaint to the Office for Civil RightsThe Office for Civil RightsFreeMonths, and often longerGenerally 180 days from the discriminatory act

Get free help before you file

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This is information about what the regulations say, not legal advice, and it is not a substitute for someone who knows your child. Special education law also varies by state. Your state parent center is free, federally funded, and will go through any of this with you.

The route nobody offers you

When a family says the school is not doing what the IEP says, the answer they usually get is "you can always file for due process". Due process is the slowest, most expensive and most adversarial of the four routes, and for that particular problem it is close to the worst fit.

A state complaint is free, needs no lawyer, must be resolved in sixty days by regulation, and is built precisely for provable failures: services not delivered, deadlines missed, meetings held without you. It is also by far the least used.

Matching the route to the problem

  • Can you prove it with documents? State complaint.
  • Do you disagree about what your child needs? Mediation, or due process if you need a decision rather than a compromise.
  • Is this about discrimination or retaliation? The Office for Civil Rights.
  • Has it only happened once? Put it in writing first. Most things resolve there, and everything else depends on the record you build now.

Time limits are shorter than people expect

A state complaint must concern something that happened in the past year. A civil rights complaint generally has a 180-day window. Due process is generally two years. If you are near any of those edges, that fact alone may decide the route for you.

Next steps