Dispute Resolution

Parents are encouraged to contact Families Together (800-264-6343), the Disability Rights Center of Kansas (877-776-1541), other parent advocacy groups, or the Kansas State Department of Education (800-203-9462) to seek assistance.

School personnel and parents are encouraged to seek resolution of any disagreement through mutual collaboration and communication. The Center for Appropriate Dispute Resolution in Special Education (CADRE) provides many resources for families and educators to learn strategies for working together through conflict. One of these resources is the CADRE Website (external link), which includes five interactive self-directed online courses. Anyone can access these materials, and they are free of charge.

Comparison of Complaint Resolution Services Available to Parents and Schools (PDF)

Mediation

Mediation is one of three formal methods of resolving disputes in special education at the local level.  To begin the process of mediation, both parties must agree to mediate.  Either the parents or a school representative may suggest this option initially by asking the other party if they are willing to mediate the disputed issues.  The cost of mediation is borne by the State; there are no costs to either the parents or the local school district.  Mediation is voluntary throughout the process, and a mediator has no authority to order any particular resolution, so mediation is a safe way for both parties to offer and consider alternatives.  If an agreement is reached, it is written and committed to by the parties, themselves, rather than ordered by a hearing officer or the Kansas State Department of Education.  Forms to request mediation should be available in each school district from the building administrator or special education director. KSDE may also be contacted for these forms.

Mediation Forms (PDF)

Formal Complaint

Any individual or organization may file a formal complaint if they believe the public agency (e.g., Kansas State Department of Education (KSDE) or local education agency (cooperative, interlocal, or school district providing special education services) is not complying with Federal or State laws or regulations relating to special education.

Note: This model form is available to assist parents and other parties in filing a State complaint under 34 C.F.R. §§ 300.151–.153 and is not required to be used in submitting a state complaint. Parents and other parties may use the model form, or another form or other document, so long as the form or document that is used meets, as appropriate, the content requirements in 34 C.F.R. § 300.153(b) for filing a State complaint.

Formal Complaint Forms-English
Formal Complaint Procedure Flowchart

Due Process

The due process hearing provides a forum where disagreements about the identification, evaluation, educational placement, and provision of a free appropriate public education for students with exceptionalities may be adjudicated. Although Federal regulations refer to due process rights for educators and parents of students with disabilities, in Kansas those same rights are also afforded to students with giftedness. Every special education due process hearing and review must be provided for at no cost to the child or the parent of the child. The costs of the initial hearing must be provided for and paid by the school district except for attorney fees.

Only as a last resort should the legal method of a special education due process hearing and appeal procedure be used. Parents considering a request for a due process hearing may want to consider consulting with an attorney who practices in special education law.

Either the school district or the parents of an exceptional child may initiate a special education due process hearing to resolve differences about a child's identification, evaluation, educational placement, or provision of a free appropriate public education.

The due process complaint must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint. There are some exceptions to this timeline, including when a school has misrepresented that it has resolved the problem or the school has withheld information that it was legally required to give to the parent (34 C.F.R 200.507(a)(2); K.S.A. 72-972a(a)(1)(A)).

Parents - Due Process Form
English / Spanish
Parents - Expedited Due Process Form
English / Spanish

Districts - Due Process Form
English / Spanish
Due Process Resolution Session Tracking Form

Districts - Expedited Due Process Form
English / Spanish
Expedited Due Process Resolution Session Tracking Form

The findings and decisions in formal complaint reports and in the decisions of Kansas due process hearing officers and state review officers are available to the public for review in redacted form,