PROGRAMS & SERVICES:
SPECIAL EDUCATION:
POLICY & ADMINISTRATION:
DISPUTE RESOLUTION

Parents of a child receiving special education services who disagree with decisions made by the school regarding a child’s identification, eligibility, evaluation, Individualized Education Program (IEP) or placement have three options available for resolving disputes with the school. These options include mediation, due process hearing and administrative complaint:

 

NOTE: The following information is extracted in its entirety from the department's Parent's Rights in Special Education publication.

 

 

MEDIATION
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Mediation is a free, voluntary process that will be used only if you and the school agree to take part. The mediator’s job is to help you and the school district come to an agreement, not to make decisions for you. You or the school may end mediation at any time. Agreeing to mediation will not delay or deny access to a due process hearing, and you may ask for mediation at any time, either before or after you request a hearing. The Department of Education will offer mediation when you or the school asks for a due process hearing, but you are not required to accept it. Mediation will be scheduled at a time and place convenient to you and the school district.

A trained, impartial mediator who is not an employee of the school district and has no conflict of interest with your situation will conduct the mediation. The Vermont Department of Education has a list of qualified mediators who are assigned, on a rotating basis, to work with parents and school staff. You and the school district may agree on a different mediator. You may bring an advocate, support person and/or family members to mediation. Your school district may bring its lawyer but only if you bring one, too. The information that you and the school district discuss during mediation is confidential. What you and the school district say cannot be repeated in a later due process hearing or court proceeding. If you and the school district reach an agreement, it will be put in writing and become part of your child’s permanent education records.

To Request Mediation
To request mediation, write to the

Vermont Department of Education
Special Education Mediation Service
120 State Street
Montpelier, VT 05620-2501

 

 

DUE PROCESS HEARING
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A due process hearing is a formal review conducted by a trained, impartial hearing officer appointed by the Vermont Department of Education. After reviewing evidence provided by you and the school district, the hearing officer will issue a written decision. The decision will include the hearing officer’s findings and conclusions about the legal issues in your situation. This decision is final unless it is appealed by you or the school district.

To File a Request for a Due Process Hearing
To file a request for a due process hearing, you must write to:

Commissioner of Education
Vermont Department of Education,
120 State Street
Montpelier, VT 05620-2501

Your request must include the following information:

  • your child’s name and address
  • the name of the school your child attends
  • a description of the problem and how you believe the problem might be resolved, to the extent you are able to suggest a solution

You may get a form for filing a due process hearing request from your school district or the Vermont Department of Education or you may download and print the form below. The form outlines the information you need to provide. When you request a due process hearing, the Department of Education will advise you that mediation is also available. You are under no obligation to use mediation.

Due Process Timelines
You have the right to request a due process hearing within two years of the date the problem occurred or two years from the date that you discovered the problem. If you request due process because you want to be reimbursed for the costs of placing your child in an independent school (without prior approval of the IEP team), you have 90 days from the date of placement to request a hearing.

At least five business days before the hearing, you and the school must inform each other about any evaluations that have been completed and any recommendations that will be used as evidence at the hearing. You and the school district have the right to object to any information that was not made available five business days before the hearing.

You also have the right to
  • be informed about free or low-cost legal or other expert services
  • be represented by an attorney and advised by others who have knowledge or training regarding your child with a disability
  • receive a list of hearing officers and their qualifications
  • have your child attend the hearing
  • have the hearing open to the public
  • have the hearing scheduled at a time and place reasonably convenient to you, your child and the school district.
  • ask a state or federal court for reimbursement of attorney’s fees and costs, if the hearing officer’s decision is in your favor
  • have your child remain in his or her current education placement during the due process hearing, unless you and the school agree otherwise
  • have your child initially placed in a public school with your consent until the hearing process is completed
  • give evidence, ask questions and have witnesses present
  • receive a final decision within 45 days after the Commissioner of Education received your request for a due process hearing, unless the hearing officer extends the deadline at the request of you or the school district
  • receive a written record of the hearing, or at your request, an electronic, verbatim record of the hearing
  • receive written, or at your request, electronic due process findings and decisions at no cost to you

    • What Can I Do if I Don't Agree with the Hearing Officer's Decision?

    You have the right to appeal an unfavorable due process decision by filing a complaint in federal or state court. You will have 90 days after receiving the decision to appeal to Vermont state court or federal court. The court will make its decision based on a review of the due process hearing record and new information presented in court.

    Other rights you have in the appeal process include the right
  • to review all the hearing records and review them
  • to ask a state or federal court for reimbursement of attorney’s fees and costs if you win
  • to have your child stay in his or her current education placement while your appeal is being considered, unless you and the school agree to other arrangements. (Different rules may apply if your child is in an interim alternative educational setting because of a discipline problem.)

    • If your complaint involves public school admission, you have the right to have your child placed in a public school, with your consent, until the hearing process is completed.

    ADMINISTRATIVE COMPLAINTS

    You have the right to file a complaint with the Vermont Commissioner of Education if you believe your child’s special education rights have been violated. An organization or a group of parents may also file a complaint if it believes that there are violations affecting a number of children. The Commissioner will appoint Department staff to investigate the complaint, and a decision must be issued within 60 days of receipt of the complaint, unless an extension is granted. You will receive a copy of the decision.

    To investigate the complaint, the Department of Education may, but is not required to, conduct an on-site review. The Department will also give you an opportunity to present additional information, orally or in writing. Its staff will review all relevant information and make a decision about whether the school district has violated federal or state special education laws. If your administrative complaint is also the subject of a due process hearing, the
    Department will not investigate any part of the complaint that is being addressed as part of the due process hearing.

    To File an Administrative Complaint
    To file an administrative complaint, write to the

    Commissioner of Education
    Vermont Department of Education,
    120 State Street
    Montpelier, VT 05620-2501

    FOR QUESTIONS OR ADDITIONAL ASSISTANCE
    If you are unable to write, you may use other means of communication to request mediation, due process or an administrative complaint. The Department of Education’s legal section at (802) 828-3136 will help you.