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Due Process/Child Complaint/Mediation/FIEP

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Complaint File Date 

A complaint is filed on the date it is received by the Department of Elementary and Secondary Education if received during the business hours of the Office of Special Education as posted on the website. Complaints received after business hours of 8:00 AM - 4:30 PM will be filed the following business day.

What is a facilitated IEP? Parents or school district staff may agree to conduct a facilitated IEP Team meeting when both parties agree that it would be beneficial to have a neutral person assist the IEP Team to efficiently and effectively address team concerns.  The neutral IEP facilitator helps to create an environment in which the IEP Team members can listen to one another’s points of view. The neutral IEP facilitator’s role is to assist the IEP Team to work together to build consensus in developing an IEP that meets the student’s needs and is acceptable to both the parents and the school district. This process is designed to be utilized when there is a sense from either of the parties that the issues at the IEP meeting may lead to significant disagreement or create an uncomfortable climate. IEP Facilitation is provided at no cost for IDEA-related cases and is requested through the Missouri Department of Elementary and Secondary Education, Office of Special Education. The FIEP model form can be found at https://dese.mo.gov/sites/default/files/dac_forms/MO5003154.pdf

What is a Child Complaint? DESE maintains procedures for receiving, investigating and resolving complaints filed by any person or organization alleging that statutes, regulations or any other law implementing IDEA have been violated. A complaint must allege a violation by a public agency that occurred not more than one (1) year prior to the date that the complaint is received. The child complaint model form can be found at https://dese.mo.gov/sites/default/files/dac_forms/MO5003157.pdf

What is a Due Process? Parents, eligible student, or a public agency may file a due process complaint with DESE’s Office of Special Education concerning the proposed action of the agency to initiate or refuse to initiate or change the identification, evaluation, or educational placement of the student or the provision of a free appropriate public education to the student. The due process complaint must allege a violation that happened not more than two years before the date the parent or the public agency knew or should have known about the alleged action that forms the basis of the due process complaint. The due process model form can be found at https://dese.mo.gov/sites/default/files/dac_forms/MO5003156.pdf

Due Process complaints are considered expedited for parents who are challenging any disciplinary action that results in a long-term suspension – not just those disciplinary actions in connection with dangerous weapons, illegal drugs, and controlled substances. The issue may involve the parent’s challenge to the alternative educational placement being offered as part of the long-term suspension, or the parent may be in disagreement with an IEP Team decision that the student’s conduct was unrelated to the student’s disability.

What is a Mediation? DESE makes mediation available to allow parents or adult students and responsible public agencies to resolve disagreements involving any matter under Part B of IDEA, including matters arising prior to the filing of a due process complaint. Mediation is provided at no cost to either party. DESE funded mediation is not available to resolve disputes between parents or between public agencies and persons other than the parent (or adult student). The mediation model form can be found at https://dese.mo.gov/sites/default/files/dac_forms/MO5003161.pdf. Only use this Mediation form if filing for mediation prior to filing a child complaint or prior to filing a due process. Do not complete this form if filing for mediation within a child complaint or within a due process.