Dispute Resolution

IEP meeting facilitation is an optional dispute resolution process where an impartial facilitator assists the IEP team with communication and problem solving during an IEP team meeting.  Using facilitation as an early dispute resolution option, keeps control of the decisions in the hands of those who know the student the best, the IEP team.

Facilitators help with the IEP process by keeping the meeting focused, moving forward and helping ensure everyone’s voice is heard.  The facilitator is not part of the IEP team and will not give advice or make decisions.  The facilitator helps the IEP team participants maintain productive communication, stay on task, and promotes resolution of disagreements that arise in the development of the IEP.

Facilitators are not investigating the school district and are not there to enforce special education law.  The school district is still responsible ensuring the IEP meeting is conducted in accordance with federal and state law and that all appropriate forms are completed.

If parents or school districts have concerns regarding the student’s IEP, the parties may request assistance of an OPI IEP facilitator by filling out an IEP Facilitation Request Form.  For more information, please contact the Dispute Resolution Office for Special Education at (406) 444-2046.

Mediation is an informal, voluntary process offered by the Montana Office of Public Instruction (OPI) to parents and public agencies as mandated by Individuals with Disabilities Education Act (IDEA). Public agencies include the Local Educational Agency (LEA), also known as a school district, or other public agencies that have responsibility for providing education to students with disabilities. If both the public agency and the parent agree to participate in the mediation process, an OPI appointed impartial mediator helps the parties resolve disagreements relating to any matter under the IDEA or implementing Montana special education law. The goal is for the parties to work together to enter into a written agreement, finding a solution that is in the best interest of the student. Mediation may be requested before or at the same time a request for a due process hearing is filed. Both parties must sign the written request for mediation.

Although parties are not required to use OPI’s IDEA Mediation Request form, it is available to assist with the process.

Any person or organization alleging a public agency violated the Individuals with Disabilities Education Act (IDEA) or implementing Montana laws may file an IDEA state complaint with OPI. Public agencies include the Local Educational Agency (LEA), also known as a school district, or other public agencies that have responsibility for providing education to students with disabilities.

Once acomplaint has been filed, the Early Assistance Program (EAP) staff has 15 business days to work with the parties and attempt resolution of the issues in the complaint. If resolution is futile or unsuccessful, the Dispute Resolution Office will request a response from the school district or public agency and conduct an appropriate investigation. The investigation could include appointing an investigator, conducting interviews (telephonically or onsite) with school staff, parents or others that have knowledge of the issues, as well as a review of relevant documentation. Following an appropriate investigation, the Dispute Resolution Office will review all relevant information, make an independent determination as to if any violation has occurred, and issue a final report addressing the allegations in the complaint within 60 calendar days of the filing of the statecomplaint. The decision reached in the final report is not appealable.

Although parties are not required to use OPI’s IDEA State Complaint form, it is available to assist with the process.

Pursuant to the Individuals with Disabilities Education Act (IDEA) and implementing Montana law, parents or public agencies providing education to children with disabilities may file a request for a due process hearing with the Montana Superintendent of Public Instruction regarding disagreements related to the identification, evaluation, or educational placement of a student with a disability, or the provision of a free and appropriate public education (FAPE). Public agencies include the Local Educational Agency (LEA), also known as a school district, or other public agencies that have responsibility for providing education to students with disabilities.

A due process hearing is a formal legal process. Upon the filing of the request for a due process hearing, the OPI will provide the parties with a list of three potential impartial hearing officers and a summary of their qualifications. The parties will rank the order of the individuals based on preference and the Superintendent of Public Instruction will appoint the hearing officer from the names ranked by the parties.

When a parent files a due process complaint, a resolution meeting must be convened by the LEA within 15 days of the request for due process. The resolution meeting provides the opportunity to try and resolve the dispute before the hearing. If the LEA has not resolved the complaint within 30 days of the request for a due process hearing, this marks the end of the resolution period. The resolution meeting may be waived, if both parties agree in writing or the parties agree to use the mediation process.

The hearing officer conducts the hearing. The parties have the right to the present evidence and confront and cross examine witnesses. The hearing officer is to render, in writing, findings of facts and conclusions of law regarding the matters at issue within 45 days after the end of the resolution period, unless there has been a specific extension of time. The hearing officer’s decision is legally binding on the parties, unless the decision is appealed to state or federal court.

Although theOPI’s IDEA Due Process Hearing Request Form is not required, it is available to assist individuals with the process.

Special Education Regulations and Guidance