{"id":115,"date":"2024-05-30T15:29:48","date_gmt":"2024-05-30T15:29:48","guid":{"rendered":"https:\/\/education.delaware.gov\/legacy\/special-education\/rights-and-disputes\/"},"modified":"2026-05-21T18:11:30","modified_gmt":"2026-05-21T18:11:30","slug":"rights-and-disputes","status":"publish","type":"page","link":"https:\/\/education.delaware.gov\/legacy\/home\/instruction-and-assessment\/exceptional-children\/special-education\/for-families\/rights-and-disputes\/","title":{"rendered":"Rights and Dispute Resolution Information"},"content":{"rendered":"

\"mediation<\/p>\n

Students with disabilities have rights, under federal and state laws, to receive special education services that are appropriate for their unique needs.<\/p>\n

If a parent, guardian, or student feels that the student\u2019s special education rights have been violated, they have a right to utilize the dispute resolution system. Student and parental rights are outlined below.<\/p>\n

Procedural Safeguards\/ Educational Rights<\/div>\n

The Individuals with Disabilities Act (IDEA) of 2004 protects the educational rights of students with special education needs.<\/p>\n

Quick Resources:<\/h2>\n

Parents Are the Key<\/a>: Provides a detailed overview of the rights and responsibilities of parents of children with special education needs in Delaware.<\/p>\n

Parent Information Center of Delaware, Inc.<\/a>: A hub for families exploring services and supports for children with disabilities.<\/p>\n

Individuals with Disabilities Education Act 2004 (IDEA 2004)<\/a>: Federal laws governing students with disabilities and Individualized Education Programs (IEPs).<\/p>\n

Delaware Regulations: Special Populations<\/a>: Rules schools must follow to support students with disabilities. Explains how children qualify for services, how IEPs are created, and what rights families have to be involved and make sure their student gets the help they need to succeed in school.<\/p>\n

Delaware Procedural Safeguards Parent and Child Rights in Special Education (English<\/a>, Spanish<\/a>, Haitian Creole<\/a>, Turkish<\/a>, and Arabic<\/a>)<\/a>: Explains the rights and responsibilities of parents who have children with special education needs in Delaware. Also outlines the state laws that guide how schools support students with disabilities, including the development and use of IEPs.<\/p>\n

Ways parents can access the dispute resolution system to help resolve conflict include:<\/p>\n

IEP Meetings<\/h2>\n

Parents and guardians have a right to request an IEP meeting at any time to discuss a student\u2019s education plan and address concerns. IEP meetings can be a powerful way to resolve disagreements. To schedule a meeting, contact the student’s IEP team.<\/p>\n

Conflict Resolution Program<\/h2>\n

(English) \/<\/a>En Espanol \/<\/a>Haitian Creole<\/a><\/p>\n

The Delaware Department of Education (DDOE) contracts with the Conflict Resolution Program at the University of Delaware<\/a> to provide two services that parents and Local Education Agencies (LEAs) (LEAs refer to school districts and charter schools) can utilize at no cost:<\/p>\n

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  1. IEP Facilitation Resources (English)<\/a> \/ En Espanol \/ <\/a>Haitian Creole<\/a><\/li>\n<\/ol>\n

    The role of the facilitator is to assist the IEP team members in communicating effectively in order to reach decisions that are in the best interest of the student.<\/p>\n

    Parents, guardians, districts and charter schools may request IEP Meeting Facilitation by calling 302-831-8158.<\/p>\n

    IEP Facilitation Project End of Year Report 2018-2019<\/a><\/p>\n

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    1. Special Education Partnership for the Amicable Resolution of Conflict (SPARC) Mediation Services (English)<\/a> \/ En Espanol \/<\/a>Haitian Creole<\/a><\/li>\n<\/ol>\n

      When participating in SPARC Mediation, a third person (mediator) takes a neutral position and helps the parents and LEA problem solve for the benefit of the student. Decisions made with a mediator are legally binding. All participants must agree to participate in mediation before a request for mediation can be granted.<\/p>\n