Special Education

Special Education Dispute Resolution

The Individuals with Disabilities Education Act (IDEA) and its implementing regulations require states to provide specific options for resolving disputes between parents and schools.  PDE’s Bureau of Special Education (BSE) manages the state complaint system and the Office for Dispute Resolution (ODR) manages the due process, mediation, and alternative dispute resolution systems. 

Additional information about PA’s dispute resolution system can be found in the Procedural Safeguards Notice.

Special Education ConsultLine

ConsultLine is a toll-free information helpline for families and advocates of school-aged children with disabilities.

ConsultLine is a direct link to a specialist who will:

  • Listen to your concerns and discuss options about your child’s needs
  • Answer questions and explain information about related federal and state laws
  • Discuss options for resolving disagreements about your child’s program including:
    • The state complaint process
    • Procedural safeguards
    • Other possibilities for formal and informal dispute resolution
  • Identify agencies and/or organizations that provide other types of support
  • Provide resources to help you learn more about special education, gifted education, Section 504 and your child’s right to a free and appropriate public education
  • Provide information about the process and procedures of your active case related to:
    • IEP or Resolution Meeting Facilitation
    • Mediation
    • Due Process Hearing

ConsultLine can be reached by calling 1-800-879-2301, emailing consultline@odr-pa.org, or by submitting the online request form.

Due Process, Mediation, and Alternative Dispute Resolution

Pennsylvania’s Office for Dispute Resolution (ODR) provides the resources for families and educational agencies to resolve educational disputes for students with disabilities, as required by state and federal law.  Below are dispute resolution options available to schools and families.

Due Process is IDEA-mandated and administered in accordance with all requirements in IDEA and Subpart E of IDEA’s implementing regulations. During due process, a hearing officer conducts a hearing and makes a decision about the dispute.  Due process decisions can be found on ODR’s Hearing Officer Decisions website.  When a parent initiates due process, a resolution meeting must be held, unless both parties waive participation in the meeting or if both parties agree to use mediation.

Mediation is a free, voluntary, and confidential alternative to a formal due process hearing. Mediation can take place at any time before or during the due process cycle. Mediation is not a required process and may not delay or deny a parent/guardian the right to a due process hearing.  Although participation in mediation is voluntary, the mediation process is IDEA-mandated and administered in accordance with all requirements in IDEA and Subpart E of IDEA’s implementing regulations.

Alternative Dispute Resolution
In addition to IDEA-mandated dispute resolution systems, ODR offers alternative dispute resolution (ADR) services.  While these ADR processes may be helpful to LEAs and parents in resolving disagreements about a student’s special education program, these processes are not mandated by IDEA, are optional, and do not delay or deny the right to due process, mediation, or any other IDEA requirement.

  • IEP Facilitation is a voluntary process that can be used when all parties to an IEP meeting agree that the presence of a neutral third party would help facilitate communication and the successful drafting of the student’s IEP.
  • Resolution Meeting Facilitation  is a voluntary process during a Resolution Meeting where a trained facilitator works with both parties to resolve disagreements, which could eliminate the need to move forward with due process.

Request forms for these services are available on the ODR website.  

State Complaints

Any individual or organization may file a signed written complaint alleging that a public school has violated a requirement of the federal or state special education laws.  To file a complaint with BSE, the Complaint Packet and Form document below may be used, but is not required.

Additional information about BSE’s state complaint procedures can be found in the State Complaint Procedures document.

Complaint Form

Please submit completed complaint forms to the Bureau of Special Education via one of the two below options:

Mail:

Pennsylvania Department of Education
Bureau of Special Education
607 South Drive, 3rd Floor - East Wing
ATTN:  Division of Compliance Monitoring and Planning – East
Harrisburg, PA  17120​
E-mail: ra-pdespecialed@pa.gov