How are due process disputes resolved?
Before continuing with a formal due process hearing, parents must be offered the opportunity to resolve the dispute through a mediation process. Mediation is a completely voluntary process for all parties involved. If the parents decline to participate in mediation or are not satisfied with the results, they retain the right to a due process hearing. If either the school or parent is dissatisfied with the decision in the hearing, that party may appeal the judgment to the state education agency. If the state education agency does not overturn the original decision, all parties retain the right to take civil action through the courts.