Special Education
Mediation, Complaints & Due Process
If you have concerns about your student's special education services or disciplinary actions the first step is to talk to your student's regular or special education teacher, the building principal, or the school district's special education administrator. It helps to deal with concerns when they first arise, so steps can be taken as soon as possible to support the working relationship among parents, staff, and students.
If the concerns are not resolved you can take further steps to address them, including requests for:
- Mediation
- Administrative Complaint Investigation
- Due Process Hearing
If you would like more information on any of these procedures you can refer to the Parental Rights for Special Education
1. Mediation
When a district and a parent have a dispute they are unable to resolve, they may seek to address their differences through mediation. Mediation is a no-cost, voluntary process through which an impartial third party helps parties experiencing a conflict reach a suitable agreement. The Department encourages the use of mediation whenever a dispute arises in the identification, evaluation, placement, or provision of a free and appropriate public education of a child with disabilities.
A parent, guardian, surrogate parent, or the district may make a telephone or written request for mediation. Requests for mediation should be made to:
Alaska Special Education Mediation Services
C/O Dave Thomas
P.O. Box 4750
Whitefish, Montana 59937
Toll free: 800-580-2209
Fax: 406-863-9229
2. Administrative Complaint Investigation
Anyone, including parents, may file an administrative complaint with the State of Alaska Department of Education & Early Development. The Department will review, investigate, and take appropriate action on complaints alleging that a district or other education agency is acting contrary to State or Federal requirements for Special Education. If the complainant’s native language is other than English a proxy may file the written complaint. Complaints must allege violations that occurred not more than one year prior to the date of receipt, unless a longer period is reasonable because the violation is continuing, or the complainant is requesting compensatory services for a violation that occurred not more than three years before the complaint was received.
Any party has a right to present a complaint within 1 year of when the parents or agency knew, or should have known, of the alleged violation relating to identification, evaluation or educational placement of the child, or the provision of FAPE to such child.
A complaint may be filed by any party, organization or person (including from another state) and must be in writing. Complaints should be made to the Department with a copy sent to the District simultaneously and must include all required components listed on the complaint form.
Send SIGNED written complaints to:
Special Education Dispute Resolution
Alaska Department of Education & Early Development
Teaching & Learning Support, Special Education
801 W 10th St., Ste. 200
P.O. Box 110500
Juneau, Alaska 99811-0500
Or fax to: (907) 465-2806
Attention: Special Education Dispute Resolution
3. Due Process Hearings
Parents or district may file requests for due process hearings with the State of Alaska Department of Education & Early Development. Due process hearing costs are borne by districts. Further, due process hearings, conducted by trained hearing officers (lawyers), are tightly bound by law and regulation. Under Alaska statute, requests for due process hearings may concern: "... any issue related to identification, evaluation, or educational placement of the child, or the provision of a free, appropriate, public education to the child." Parents may also request expedited due process hearings when the issue concerns student discipline.
Due Process Hearing Summaries
- Due Process History - pdf
Hearing Officers
Kristen
Bomengen Contact
by e-mail |
Sheila
Gallagher Contact by e-mail |
Jonathon A. Katcher Contact by e-mail |
Andrew
Lebo Contact
by e-mail |
Thomas
Slagle Contact
by e-mail |
Tim
Seaver Contact
by e-mail |
Steve Sorensen Contact
by e-mail |
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Contact Information
Department of Education & Early Development
ATTN: Office of Special Education Programs
801 W. 10th Street, Suite 200
P.O. Box 110500
Juneau, Alaska 99811-0500
Confidential Fax: (907) 465-2806
E-mail SPED Staff
