1342.12 Companion

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1342.12 Companion
July 12, 2017 Page 21
Dispute management includes the following: (1) conferencing, (2) facilitated meetings (3) mediation,
and (4) administrative complaints (5) due process hearing. The steps become increasingly formal,
demanding, and expensive. Therefore, every effort should be made to resolve the disagreement at the
most informal step possible.
Conference
E6 S2 p 55
A conference is the quickest process to convene and the most informal. One or more conferences may
identify and resolve the actual or potential special education dispute. The participants in a conference
include the administrator, the parent, the student’s teacher or service provider, and secondary student,
as appropriate.
Facilitated IEP Meeting
Parents have the opportunity to obtain a facilitated IEP meeting. This is an IEP meeting where a trained
facilitator is brought in to facilitate the meeting. The trained facilitator is typically from another DoDEA
district.
Mediation
E6 S4 p 57-59
Mediation is a confidential, voluntary, informal dispute resolution process in which the disagreeing
parties (school and parent) engage in a discussion of issues related to the student’s FAPE, in the
presence of, or through, a qualified mediator appointed by the school at no expense to the parent.
Mediation may not be used to delay a due process hearing, but mediation may take place before or
after a due process petition has been filed as long as the hearing has not taken place.
Due Process Hearing
E6 S5-16 p 59-71
Due Process is the most formal process by which to resolve a dispute between the school and the
parent. A parent after requesting, attempting, or declining mediation, may petition the Director,
Defense Office of Hearing and Appeals (DOHA), to appoint a hearing officer to decide the dispute and to
issue orders to parents, students, and the school concerning their respective duties. The school should
contact DoDEA HQ if it appears that either parent or the school is considering due process to resolve a
dispute. A mandatory resolution meeting must be held within deadlines set by the DoDM 1342.12 (June
17, 2015) before the due process can proceed E6 S17 pp. 71-71).
Administrative Complaints
E6 S3 p 55
An administrative complaint may be filed with the responsible agency, relating to the provision of
services under DoDM 1342.12 in accordance wit Enclosure 6, Section 3.