Dispute Resolution & Mediation

When you disagree with the school about evaluations, eligibility, services, accommodations, or placement, these are the common paths Alabama families can use to resolve it—starting simple and escalating only if needed.

Overview

Most disagreements can be resolved at the school or district level with clear communication and documentation. If that doesn’t work, there are formal options under IDEA (for IEP matters) and Section 504 (for 504 matters). Mediation is available and free, and you can bring an advocate or attorney to any stage.

Start local: teacher → case manager → principal → district special education/504 coordinator.
Keep records: use email, save meeting notes, summarize agreements in writing.
Escalate thoughtfully: mediation, state complaint (IDEA), due process (IDEA), or 504 grievance/OCR complaint.

This page is general information for Alabama families and not legal advice.

Informal Steps (Recommended First)

Clarify the concern in writing. Briefly state the issue and what you’re requesting (e.g., an evaluation, added service minutes, specific accommodation).
Request a problem-solving meeting. Ask for a meeting with the principal and the special education/504 lead; propose concrete solutions.
Ask for prior written notice (PWN). If the school refuses or changes services, request a written explanation of what they considered and why.

Tip: After any meeting, send a short email recap: what was discussed, decisions made, and action items with dates.

Mediation (Free & Voluntary)

What it is: A neutral mediator helps the family and school reach a written agreement. Mediation can be requested at any time and is free to families.

How to Request Mediation

Write to the district special education director or 504 coordinator requesting state-facilitated mediation on the specific dispute.
Include student name, school, brief description of the issue, and your availability.
You may bring a support person (advocate/attorney) and any documents that support your request.

Tip

Come with a short list of outcomes you can accept (best case, workable compromise, must-haves). If you reach agreement, ask for a clear written plan with timelines and who is responsible.

IDEA State Complaint (IEP Issues)

What it is: A written complaint to the state education agency alleging a violation of IDEA (e.g., services not delivered, evaluations delayed, IEP not implemented).

Timeline: The state typically investigates and issues a written decision within about 60 days of receipt.
Outcome: The decision can require corrective action (e.g., make-up services, procedure fixes).
When to use: Implementation problems or clear procedural violations where a factual record (emails, logs) can show what happened.

Due Process Hearing (IEP Issues)

What it is: A formal legal process before an impartial hearing officer. There is a 30-day resolution period after filing; if unresolved, the hearing proceeds and a written decision is generally due within about 45 days after the resolution period.

When to use: High-stakes disagreements about identification, eligibility, placement, or services where mediation/complaint didn’t resolve the issue.
Consider counsel: Many families consult an attorney or trained advocate before filing due process.

Section 504 Disputes

Local grievance: Districts must have a 504 grievance process—ask your school or district 504 coordinator how to file.

OCR complaint: You can file a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR). The filing window is generally within 180 days of the alleged discrimination.

504 disputes focus on discrimination and access (e.g., accommodations not provided, exclusion from activities).

Which Path Should I Choose?

Service not delivered / accommodation ignored? Try informal resolution → state complaint (IEP) or 504 grievance/OCR (504).
Eligibility or placement disagreement? Consider mediation; if unresolved, due process (IEP matters).
Time-sensitive issue? Put requests in writing immediately; ask for an expedited meeting or interim supports.

Find an advocate or legal help →

How to Prepare (Any Route)

Write a one-paragraph summary of the problem and the solution you’re asking for.
Gather documents: IEP/504 plan, meeting notes, emails, progress data, logs of missed services.
Bring a support person (spouse, advocate) to take notes so you can focus on the discussion.
After meetings, send a short recap email confirming agreements and next steps.

Resources

Advocacy Nonprofits & Special Education Advocates (local/state help)
Alabama State Department of Education — Special Education Services (state guidance and contacts)
U.S. Dept. of Education — Office for Civil Rights (OCR) (504 guidance & complaint process)

We’ll add direct links and downloadable templates (e.g., mediation request, state complaint) soon.