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Dispute Resolution Options

Parents and caregivers are encouraged to work with school-based staff to address concerns. This page describes dispute resolution options for families/caregivers of students with disabilities.

Options for Addressing Issues & Concerns
If concerns arise related to special education and/or Section 504, parents/guardians are encouraged to contact their child’s teacher, school-based administrator, case carrier, and/or related service provider (if the concern involves a related service). The charts below provide a recommended communication sequence within Arlington Public Schools. Please feel free to contact the Parent Resource Center at 703-228-7239 or [email protected] for additional support.

Your Family’s Special Education Rights – Virginia Procedural Safeguards Notice

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IDEA Special Education Dispute Resolution Options


The Virginia Department of Education (VDOE) offers a range of dispute resolution options:

  • Ombudsman for Special Education is an informal source of information and referral, aids in answering individuals’ questions and assists in the resolution of concerns and issues. The ombudsman serves as a resource to parents in non-legal special education matters.
  • Special Education Mediation can assist parents and school staff when they are in negotiations. A mediator can convene and conduct a meeting to clarify issues, focus on the needs of a child, and explore and evaluate possible solutions in a confidential setting.
  • Facilitated IEPs use a facilitator to assist with communication in developing an IEP.
  • VDOE State Complaints are generally expressions of some disagreement with a procedure or a process regarding special education programs, procedures, or services.
  • Due Process Hearings are impartial procedures used to resolve disagreements over issues related to special education services that arise between a parent and a school division. The right of the parents or the school division to request a due process hearing is guaranteed by federal and state laws governing the education of children with disabilities.

Resources

 

Section 504 Questions & Dispute Resolution

Parents/guardians have the right to appeal a Section 504 Committee decision by filing a complaint with the Office for Civil Rights and/or requesting an impartial due process hearing with VDOE. Although parents/guardians are not required to access staff support prior to filing a complaint, or requesting a due process hearing, Arlington Public Schools (APS) welcomes the opportunity to collaborate with parents/guardians to address questions or disputes regarding the identification, assessment, placement of a student with a disability under Section 504 of the Rehabilitation Act, or a student’s receipt of a Section 504 Plan. Families are encouraged to contact the following staff for assistance:

  • School Level:
    • Elementary – Principal and/or Assistant Principal.
    • Secondary – Principal, Assistant Principal, and/or Director of Counseling.
    • For specific school contact information, visit https://www.apsva.us/contact or call 703-228-6000
  • School District Level 1:
  • School District Level 2:
    • Dr. Darrell Sampson, Executive Director of Student Services and Section 504 Compliance Coordinator [email protected]
      703-228-6061

Your Family’s Section 504 Rights and Procedural Safeguards
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Formal Section 504 Dispute Resolution Options


  • Impartial Due Process Hearing 
    Impartial hearings are also available to resolve disagreements regarding identification, evaluation, and placement as part of the due process procedure. Parents/guardians have the right to participate in the hearing and to be represented by counsel. Requests for a hearing should be addressed to: Dr. Darrell Sampson, Executive Director of Student Services Section/504 Compliance Officer, Arlington Public Schools, 2110 Washington Blvd., Arlington, VA  22204 |703-228-6061 | [email protected]
  • Office for Civil Rights
    Parents/guardians have the right to file a complaint with the Office for Civil Rights (usually the regional office) which, in addition to technical assistance activities, conducts compliance reviews and complaint investigations. The complaint must generally be filed within 180 days of the alleged discriminatory action. OCR will investigate complaints of discrimination, including allegations of different treatment based on disability, exclusion from school activities, harassment, and denial of a free appropriate public education. In reviewing decisions as to identification, evaluation, and placement, OCR generally takes a procedural approach. If a school division follows the procedures required by OCR’s regulations (and as reflected in APS’ procedures), OCR will normally not second-guess the division’s decisions. The address is:

    • Office for Civil Rights, District of Columbia Office
      U.S. Department of Education
      400 Maryland Ave., SW, Washington, D.C. 20202-1475
      (202) 453-6020
      FAX (202) 453-6021
      TDD 877-521-2172
      [email protected]
      www.ed.gov/ocr