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Title Programs

Early Childhood,
Special Education, and
Title Programs
Team Director:
Colleen Riley

Assistant Directors:
Kerry Haag
Jana Bradfield

1-800-203-9462
(Kansas Residents Only)
or
1-785-291-3097

Special Education Services
Web contact:
Evelyn Alden
(785)296-3868

Dispute Resolution

Parents are encouraged to contact Families Together (800-264-6343), the Disability Rights Center of Kansas (877-776-1541) other parent advocacy groups, or the Kansas State Department of Education (800-203-9462) to seek assistance.

Comparison of Complaint Resolution Services Available to Parents and Schools
(one sheet pdf summary)

Mediation
    Forms and Documents
    Chapter 10 of the Special Education Process Handbook

Formal Complaint
    Forms and Documents
    Chapter 11 of the Special Education Process Handbook

Due Process
    Forms and Documents
    Chapter 12 of the Special Education Process Handbook

Mediation

Mediation is one of three formal methods of resolving disputes in special education at the local level. Other methods are formal complaint and due process hearing. To begin the process of mediation, both parties must agree to mediate. Either the parents or a school representative may suggest this option initially by asking the other party if they are willing to mediate the disputed issues. The cost of mediation is borne by the State; there are no costs to either the parents or the local school district. Mediation is voluntary throughout the process, and a mediator has no authority to order any particular resolution, so mediation is a safe way for both parties to offer and consider alternatives. If an agreement is reached, it is written and committed to by the parties, themselves, rather than ordered by a hearing officer or the Kansas State Department of Education. Forms to request mediation should available in each school district. The building administrator, special education director, or the Mediation consultant at Special Education Services may be contacted for the forms.

Title	Modified Date	Description
Mediation Forms-English (PDF)	5/2/2011	PDF
Mediation Forms-English (Word)	5/2/2011	Word
Mediation Forms-German (PDF)	8/24/2010	PDF
Mediation Forms-German (Word)	8/24/2010	Word
Mediation Forms-Spanish (PDF)	8/24/2010	PDF
Mediation Forms-Spanish (Word)	8/24/2010	Word
Rules of Mediation	10/19/2010	PDF

Formal Complaint

Any individual or organization may file a formal complaint if they believe that the school district is not complying with Federal or State laws or regulations relating to special education. The Special Education Services Team at the Kansas State Department of Education must resolve a formal complaint within 30 calendar days from the date the complaint is received in the office, unless exceptional circumstances exist.

Title	Modified Date	Description
Formal Complaint (English)	4/18/2011	PDF
Formal Complaint (English)	4/18/2011	Word
Formal Complaint (Spanish)	4/18/2011	PDF
Formal Complaint (Spanish)	4/18/2011	Word
Formal Complaint (German)	4/18/2011	PDF
Formal Complaint (German)	4/18/2011	Word
Formal Complaint (Russian)	10/8/2009	PDF
Formal Complaint (Russian)	10/8/2009	Word
Formal Complaint Flowchart	10/8/2009	PDF
Formal Complaint Flowchart	10/8/2009	Word

Due Process

The due process hearing provides a forum where disagreements about the identification, evaluation, educational placement, and provision of a free appropriate public education for students with exceptionalities may be adjudicated. Although Federal regulations refer to due process rights for educators and parents of students with disabilities, in Kansas those same rights are also afforded to students with giftedness. Every special education due process hearing and review must be provided for at no cost to the child or the parent of the child. The costs of the initial hearing must be provided for and paid by the school district except for attorney fees.

Only as a last resort should the legal method of a special education due process hearing and appeal procedure be used. Parents considering a request for a due process hearing are encouraged to consult with an attorney who practices in special education law.

Either the school district or the parents of an exceptional child may initiate a special education due process hearing to resolve differences about a child’s identification, evaluation, educational placement, or provision of a free appropriate public education.

The due process complaint must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint.
There are some exceptions to this timeline, including when a school has misrepresented that it has resolved the problem or the school has withheld information that it was legally required to give to the parent (34 C.F.R. 300.507(a)(2); K.S.A. 72-972a(a)(1)(A))

Forms for Parents
Due Process Form
English (rev April 2011)	PDF	Word
Spanish	PDF	Word
German	PDF	Word
Russian	PDF	Word
Expedited Due Process Form
English (rev April 2011)	PDF	Word
Spanish	PDF	Word
German	PDF	Word
Russian	PDF	Word
Forms for Districts
Due Process Form
English (rev April 2011)	PDF	Word
Spanish	PDF	Word
German	PDF	Word
Russian	PDF	Word
Due Process Resolution Session Tracking Form	PDF	Word
Expedited Due Process Forms
English (rev April 2011)	PDF	Word
Spanish	PDF	Word
German	PDF	Word
Russian	PDF	Word
Expedited Due Process Resolution Session Tracking Form	PDF	Word
Misc Forms
Due Process Procedures (Process Handbook Chapter 12)	PDF

The findings and decisions in formal complaint reports and in the decisions of Kansas due process hearing officers and state review officers are available to the public for review in redacted form, upon request. Requests may be made in writing by addressing the request to: Special Education Services, Kansas State Department of Education, 120 SE 10th Ave., Topeka, KS 66612; or by e-mailing the written request to one of the legal consultants listed on this page.