Legal Rights of Children with Epilepsy in School & Child Care

Dispute Resolution and Legal Remedies
are entitled to the health services they need in order to attend school and benefit
from the educational services provided to them.
8.5Q:
How can a parent make a complaint?
A: The complaint must be in writing and must be copied to the school district
serving the student at the same time that it is filed with the state department of
education. The complaint cannot allege a violation that occurred more than one
year before the date the complaint is received. Either a parent or an organization
can file a complaint. 34 C.F.R. 300.153.
8.6Q:
Does the complaint require any information in particular?
A: Yes. The complaint must contain a statement that the school district (or other
public agency) has violated the IDEA. The complaint must contain the facts
upon which the statement is based, and the signature and contact information for
the person making the complaint. If the complaint is made on behalf of a
specific student, it must contain the name and address of residence of the
student, the name of the school the student is attending, a description of the
student’s problem—including the facts relating to the problem—and a proposed
resolution of the problem, as far as the problem is understood and on the basis of
all information known to the person making the complaint at the time the
complaint is made. 34 C.F.R. 153(b).
8.7Q:
What are the benefits and drawbacks of the complaint process?
A: The complaint process is relatively quick, easy for parents to use, and much less
formal than a due process hearing, which can be very stressful and costly.
Additionally, unlike due process hearings, which can be filed only on behalf of
an individual student, an IDEA complaint can be filed on behalf of one or
multiple students and might address a student-specific issue or a systemic issue.
However, the strength of the complaint process depends on the quality of the
investigations conducted by the state department of education, the extent to
which the state department of education complies with the mandated timelines,
the willingness of the department to order corrective actions, and the willingness
and ability of the department to enforce its decisions if required corrective
actions are not taken by the school district.
8.8Q:
What is mediation?
A: Mediation is a form of dispute resolution in which a qualified, trained, impartial
person assists the parties in attempting to resolve their dispute. The IDEA
encourages the use of mediation as an alternative to due process, and parties may
request mediation at any time. Mediation cannot be used to deny or delay a due
process hearing. Mediation is voluntary. If one party wishes to mediate but the
other does not, mediation cannot go forward. Mediation discussions are
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