Main Resources
The South Carolina Department of Education (SCDE) provides adult students receiving special education services, parents of students with disabilities receiving special education services, local educational agencies (LEAs), and state operated programs, with the following dispute resolution options:
Ombudsman
The South Carolina Department of Education Office of Special Education Services' (OSES) Ombudsman is an impartial special educator responsible for working with families and local education agencies. The OSES Ombudsman confidentially answers questions, offers guidance, helps resolve issues, and provides a range of dispute resolution options, when appropriate.
Facilitated Individualized Education Programs (FIEPs)
Adult students, parents, or an LEA may request a facilitated IEP team meeting. An IEP team facilitator acts as a neutral party in an IEP team meeting. This voluntary and informal process is designed to strengthen positive communication among team members, aid in building consensus, resolve conflicts and produce a working environment conducive to developing an appropriate IEP. The OSES covers all costs associated with this dispute resolution option and as such, it is a free resource to parents and public agencies.
Mediation
Adult students, parents, or an LEA may request mediation. Mediation is a voluntary and informal process in which parents and the LEA meet with an impartial mediator to talk openly about the area(s) of disagreement and to try to reach a resolution. Mediation is at no cost to the parties involved.
State Complaints
In accordance with the IDEA, adult students, parents, and other parties may submit a written complaint to the special education complaint investigator located in the SCDE’s Office of Special Education Services (OSES). After the complaint is investigated, a findings letter is issued and if there are any findings of noncompliance, the LEA involved is required to complete corrective measures set forth by the Corrective Actions Team.
Due Process Hearings
Adult students, parents, or an LEA may request a due process hearing. Due process hearing requests are made to the Office of General Counsel (OGC). During the due process hearing the adult student, parent, or LEA will present their respective cases to an impartial hearing officer and receive a written decision. Due process hearings are conducted in accordance with the IDEA and federal regulations. If a party does not agree with the hearing officer’s decision, the party can appeal to the SCDE, which will conduct an impartial review of the hearing and the hearing officer’s decision. If a party does not agree with the SCDE’s decision on the appeal, the party can appeal the decision of the SCDE in federal court.
Procedural Safeguards Notice
The Individuals with Disabilities Education Act (IDEA), the Federal law concerning the education of students with disabilities, requires schools to provide parents of a child with a disability with a notice containing a full explanation of the procedural safeguards available under the IDEA and U.S. Department of Education regulations. A copy of this notice must be given to parents only one time a school year, except that a copy must be given to the parents: (1) upon initial referral or parent request for evaluation; (2) upon receipt of the first State complaint under 34 CFR §§300.151 through 300.153 and upon receipt of the first due process complaint under §300.507 in a school year; (3) when a decision is made to take a disciplinary action that constitutes a change of placement; and (4) upon parent request. [34 CFR §300.504(a)]
Additional Resources
Any adult student receiving special education services or parent of a student receiving special education services can use one or all of the available dispute resolution options outlined above. Further, if the OGC or any other office within SCDE suspects a pattern of noncompliance by a public agency based on information or data from compliance complaints or any other dispute resolution process, the matter is referred to the OSES for review, and, if necessary, targeted fiscal, program, or focused compliance monitoring. For further information on dispute resolution, visit the following sites:
Center for Parent Information & Resources
Formal and Informal Approaches to resolving disputes.
CADRE: The Center for Appropriate Dispute Resolution in Special Education
Supporting the prevention and resolution of disputes through partnership and collaboration.
Hard copy of Parent Guide to Dispute Resolution
The Office of Special Education Services (OSES) offers hard copies of the South Carolina Individuals with Disabilities Education Act (IDEA) Dispute Resolution Guide. Interested families may complete the request form to receive an SC IDEA Dispute Resolution Guide (one per family) via postal service.
English Guide
Spanish Guide
