As every Administrator knows, Special Education disputes can be
incredibly expensive and time consuming. Fortunately, it is not
necessary to litigate most Special Eduction disputes to the bitter
end. In most cases, the issues can be settled without simply
capitulating to unreasonable parental demands. Below, we review
the statutory infrastructure for settling disputes, and review types of
creative thinking that can foster settlement agreements within the
bounds of the law.
I. Deciding to Pursue Settlement
A. Cost Benefit Analysis
B. Board Approval
1. Authorization for Settlement
Discussions
2. Parameters for Settlement
II. Methods of Resolving Special Education Disputes
A. Negotiation and Compromise
1. Inexpensive and Fast
2. Often Resisted Advocacy Groups
B. Resolution Session
1. Required by Statute Unless Parent
Opts Out
2. Can Foster Informal Resolution
C. Mediation
1. Can Give District More Time
2. Strong Mediator Can Help to Resolve Disputes
3. Relatively Inexpensive
4. Can Avoid Parent Attorney Fees
D. Special Education Offer of Judgment (SEOJ)
1. Must be Delivered More Than Ten (10)
Days Before the Hearing Begins
2. Should be Conditioned Upon:
i. Hearing Officer's Dismissal of Case
ii. Parental Waiver of All Claims
iii. Parental Indemnity
E. Special Education Arbitration
1. Best Suited to Resolve Technical
Disputes
2. Can Minimize Expenses
III. Means of Settlement and Settlement Agreements
A. Waivers
B. Attorneys Fees
C. Avoiding Unnecessary IEP Meetings
D. Private Placements
E. Temporary Placements
F. Student Discipline Issues