If you suspect your child who is age 3-21 may have a disability that affects their educational performance, you should contact the district special education contact of the school district where your child attends, or the district where you live if the child does not yet attend school. Children age 3-21 are entitled under the Individuals with Disabilities Education Act to a comprehensive evaluation if the Multidisciplinary Evaluation Team, which is comprised of teachers, therapists, parents and others who have knowledge and interest in the child, determines that it is necessary.
The Mississippi Department of Education (MDE) Office of Special Education (OSE) provides three different methods for resolving disputes between the Local Educational Agencies (LEAs) and persons under the Individuals with Disabilities Education Act (IDEA). The Formal State Complaint process is one tool used for dispute resolution. In addition, the parties can resolve disputes through mediation. Also, the MDE OSE assists parents or LEAs involved in a dispute an opportunity for an impartial due process hearing. In addition to the dispute resolution options, the MDE OSE also offers Individualized Education Program (IEP) Facilitation as a voluntary process that can be used when parents and districts agree that the presence of a neutral third party would help facilitate communication and successful drafting of a student’s IEP.
A Formal State Complaint is a signed, written statement alleging that a school district or other Local Educational Agency (LEA) has violated a requirement of the Individuals with Disabilities Education Act (IDEA) or state law that implements IDEA.
The Mississippi Department of Education (MDE) Office of Special Education (OSE) investigates Formal State Complaints filed under the Individuals with Disabilities Education Act (IDEA). A team of investigators from the Bureau of Parent Engagement and Support will investigate the complaint and a letter of Finding(s) and Decision will be mailed to all parties within sixty calendar days.
An organization or individual may file a signed, written complaint under the procedures described in 34 C.F.R. §§ 300.151 – 300.152; Miss. Admin. Code 7-3:74.19, State Board Policy Chapter 74, Rule 74.19, §§ 300.151 – 300.152. The person filing the complaint is called the “Complainant.”
An investigator or team of investigators from the Bureau of Parent Engagement and Support will investigate allegations included in a Formal State Complaint. The investigation will be conducted as a desk audit or an onsite visit depending on the nature of the allegations. The investigator(s) shall review relevant information and make an independent determination whether the Local Educational Agency (LEA) is violating a requirement of Federal or State special education statutes, regulations, or rules. The investigator(s) will gather information through informal fact finding, telephone, or personal interviews, and a review of files, documents, correspondences, and other information. The investigator(s) may also want to observe the student’s program.
The Procedural Safeguards has information about complaint investigation and other dispute resolution procedures. Local Education Agencies (LEAs) must give parents a copy of the Procedural Safeguards when their child is first referred for special education, once a year while the child is receiving special education services, during the initial Individualized Education Program (IEP) meeting, any time there is a change of placement due to discipline infractions, when there is a request for a due process hearing, and as requested by parents. The Mississippi Department of Education’s website also includes information about dispute resolution and the model form is located there.
The complaint must allege a violation that occurred not more than one (1) year prior to the date that the complaint is received.
A due process hearing is a formal administrative hearing with an independent hearing officer, regarding the identification, evaluation, educational placement, or the provision of a free appropriate public education for a student with a disability or a student suspected of having a disability. The parties have an opportunity to bring and cross-examine witnesses, to have a record of the proceedings, and to enter and object to evidence. Parties can subpoena witnesses and testimony is under oath. Parties have an opportunity to provide testimony by experts.
The public agency must have procedures that require either party, or the attorney representing a party, to provide to the other party a Due Process Complaint. A model form is located on the Mississippi Department of Education’s website. The party filing the request must forward a copy of the due process request to:
The Mississippi Department of Education
Attn: Bureau of Parent Engagement and Support
P.O. Box 771
Jackson, MS 39205-0771
The purpose of the resolution meeting is for the parent of the child to discuss the Due Process Complaint, and the facts that form the basis of the Due Process Complaint, to allow the Local Educational Agency (LEA) an opportunity to resolve the dispute.
A parent or public agency must request an impartial due process hearing on their complaint within two (2) years of the date the parent or agency knew or should have known about the alleged action that forms the basis of the due process complaint.
Yes, a decision made in a hearing conducted pursuant to C.F.R. §§ 300.507 – 300.513 or 300.530 – 300.534; Miss. Admin. Code 7-3:74.19, State Board Policy Chapter 74, Rule 74.19, §§ 300.507 – 300.513 or 300.530 – 300.534, is final. The hearing officer will send a final report with the results of the hearing, indicating whether the case was withdrawn, adjudicated, or dismissed. However, any party aggrieved by the findings and decision has the right to bring civil action in any State court of competent jurisdiction or in a district court of the United States within ninety (90) days of the decision of the hearing officer.
An expedited due process hearing is an administrative hearing to resolve disputes concerning discipline of a student with disabilities. An expedited due process hearing is a request to have an independent hearing officer review a disciplinary decision within twenty (20) school days, with a decision rendered within ten (10) days of the hearing.
No. Because of the legal nature of the proceedings, parents often are represented by counsel. However, parents may go to a hearing and represent themselves. Districts will usually have an attorney represent them in a due process hearing.
Mediation is an impartial and voluntary process that brings together parties that have a dispute concerning any matter arising under the Individuals with Disabilities Education Act (IDEA) to have confidential discussions with a qualified and impartial individual. The goal of mediation is for the parties to resolve the dispute and execute a legally binding written agreement reflecting that resolution. Mediation may not be used to deny or delay a parent’s right to a hearing or to an investigation through a Formal State Complaint.
Mediation may be requested by submitting a written request for mediation to the Office of Special Education. A model form is located on the Mississippi Department of Education’s website or from the Bureau of Parent Engagement and Support (BPES). A request must include both parties’ signature indicating that the decision to mediate is agreed upon by both parties in order for the BPES to assign a mediator to the case.
The mediator’s expense is paid by the Mississippi Department of Education (MDE) Office of Special Education (OSE).
The Mississippi Department of Education (MDE) Office of Special Education (OSE) selects mediators on a rotational basis. Mediators are trained in effective mediation techniques and knowledgeable in laws and regulations relating to the provision of special education and related services.
Yes. The Mediation Agreement is a resolution agreement signed by both the parent and a representative of the agency who has the authority to bind such an agency. It is enforceable in any State court of competent jurisdiction or in a district court of the United States.
The Individuals with Disabilities Education Act (IDEA) does not address who may accompany a party to mediation. However, it is a best practice to discuss and disclose who, if anyone, will be attending prior to the mediation. Mediation is voluntary on the part of the parties, therefore, either party has the right not to participate for any reason, including if the party objects to the person the other party wishes to bring to the mediation. This could include a party’s objection to the attendance of an attorney representing either the parent or the Local Educational Agency.
The purpose of Individualized Education Program (IEP) Facilitation is to develop and sustain collaborative, productive relationships between the IEP Committee members, keep meetings student focused, and reduce adversarial disputes during the IEP development process.
Yes. The facilitated Individualized Education Program (IEP) meeting is the same as any other IEP meeting except that a neutral, trained facilitator joins the meeting. IEP Facilitators are trained in IEP development, special education law, regulations, and conflict resolution techniques. The facilitator is not a decision-maker or a member of the Committee, they are impartial and do not represent the parent, school district, or the State.
An Individualized Education Program (IEP) Facilitator may be used for any IEP Committee meeting including for initial development of an IEP and annual review meetings. This process is not necessary for most IEP meetings. Rather, it is most often utilized when there is a sense from any of the participants that the issues at the IEP meeting are creating an impasse or acrimonious climate.
Individualized Education Program (IEP) Facilitation may be requested by a parent or Local Education Agency (LEA) by submitting a written request. The request form must include both parties’ signature indicating that the decision to have a facilitator present is agreed upon by both parties and submitted to the Bureau of Parent Engagement and Support. IEP Facilitation is voluntary on the part of the parent(s) and the school district and either party may withdraw at any time.
The facilitator’s expense is paid by the Mississippi Department of Education (MDE) Office of Special Education (OSE).
The request must be made to the Bureau of Parent Engagement and Support (BPES) at least ten (10) days before the scheduled IEP meeting.
