Dispute Prevention and Resolution – Alternate Dispute Resolution

DISPUTE PREVENTION AND RESOLUTION

ALTERNATIVE DISPUTE RESOLUTION:

The Ventura County SELPA offers an Alternative Dispute Resolution (ADR) continuum of supports to help prevent and resolve disagreements between Districts/Charters and families with children in special education within Ventura County. There is no cost associated with utilizing the ADR continuum of options. Please see the SELPA's ADR Handbook for further descriptions of each service. A member of the Family & School Collaboration team will listen to your concerns and identify a process to support.

Why Choose Alternative Dispute Resolution?

The Individuals with Disabilities Education Act (IDEA) intended the IEP process to be non-adversarial. ADR keeps the decision-making in the hands of the family and the district and supports the team in moving forward, maintaining the focus on the needs of the child. Special education/IEP agreements are more effective when families and schools develop their solutions rather than abide by an agreement imposed by a third party.

Who Should Choose Alternative Dispute Resolution?

The design of ADR is for families and districts to work together, creating solutions for a mutually agreeable outcome that supports and strengthens the relationship. In ADR, a family does not have to hire an advocate or attorney to have a voice in resolving disagreements.

Request for Alternative Dispute Resolution (ADR)

Solicitud de resolución alternativa de disputas (ADR por sus siglas en inglés)

ADR Procedural Handbook

Folleto de Resolución Alternativa de Disputas

ADR Procedural Handbook_Spanish

IF UNABLE TO COME TO CONSENSUS

CONSTITUENT SUPPORT SERVICES UNIT:

The Constituent Support Services Office, part of the Special Education Division of the California Department of Education, is dedicated to resolving conflicts while preserving relationships. Our mission is to enhance communication and provide meaningful support to families navigating the special education system.

Learn more about how CDE is dedicated to enhancing communication and support for families.

(Flyer not available in Spanish at this time.)

PATHWAYS TO PARTNERSHIP:

The purpose of the Pathways to Partnership project, (a project funded by the California Collaborative for Educational Excellence,) is to develop common understandings of dispute prevention and resolution; building specific skill sets around resolution, mediation, facilitated IEPs; developing supportive communities of practice and establishing collaborative cultures that foster mutual trust between families and educational staff; and designing the future continuum of dispute prevention and resolution across California.

Learn more about Pathways to Partnership and how they may be able to assist with dispute prevention and resolution.

COMPLAINTS:
If you feel your rights or the rights of your child have been violated by the district or an employee of the district, you have a right to file a complaint. A complaint may be filed with the school district Complaint Resolution department. If not resolved, or if the parent chooses not to file the complaint with the district, a complaint can be filed directly with the California Department of Education using the form below.

Request for Complaint Investigation

DUE PROCESS:

On ocassion, members of the IEP team may not be able to come to agreement as to what is best for your child, even after trying to come to agreement throught the ADR process. Special education law provides specific steps for resolving those conflicts. If you continue to disagree, you may file for Due Process. Due Process is a system in which people from the State Department of Education step in to assist with resolving the conflict. Please visit the Office of Administrative Hearings website for access to the Due Process Guide or to download the Mediation or Due Process forms.

RESOLUTION SESSION:

If you file for Due Process, your school district will offer a Resolution Session. A good-faith effort will be made to come to agreement with you at the district level before the state steps in. Resolution Sessions are completely optional, and you will choose whether or not you wish to participate.