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 an appropriate program of a child with a disability. 

The ultimate goal of mediation is to seek a written agreement that is mutually acceptable to both parties. However, even if a formal agreement is not reached, mediation may be helpful in clarifying issues. The district should refrain from using the term “mediation” to refer to any district-level process for resolving disputes. When an impasse is reached with a parent, the district should suggest use of the state mediation system.

Through the mediation contractor, the department maintains a list of qualified mediators who are impartial and trained in effective mediation techniques, as well as knowledgeable in laws and regulations relating to the provision of special education and related services. Mediators act as facilitators to assist parents and districts in resolving a conflict.

If a mediator is not selected on a random basis from the list of qualified mediators, both parties must be involved in selecting the mediator and agree with the selection of the individual who will mediate.

1. The parents and district are unwilling or unable to modify their position without outside assistance.
2. The parents and district, after making a good faith effort, face an impasse in attempting to resolve a conflict regarding the identification, evaluation or educational placement of the child or the provision of FAPE.
3. Either a parent or the district has made a request for a due process hearing, or an administrative complaint investigation has been filed with the department.

The department will review, investigate, and take appropriate action on complaints alleging that a district or other educational agency is acting contrary to state or federal requirements for special education. If the complainant’s native language is other than English, 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.

1. A summary of the complaint
2. A summary of the investigation
3. Conclusions of law
4. Reasons for the final decision
5. Any corrective action required

An extension of the time limit will be allowed only if exceptional circumstances exist with respect to a particular complaint and are documented by the department. An extension of the time limit should not be based on the fact that there is pending mediation unless both parties agree to the extension.

The department will ensure that a district effectively implements the final decision contained in the investigative report that may include corrective actions and technical assistance activities. If it is determined that a district failed to provide appropriate services, the investigative report issued by the department will address:

Any party may initiate a hearing, and the request must be filed within 1 year of when the parents or agency knew or should have known of the alleged violation:

1. With respect to any matter relating to the identification, evaluation, or educational placement of the child
   
2. The provision of a free appropriate public education to such child

The party requesting the due process hearing shall not be allowed to raise issues at the due process hearing that were not raised in the notice filed, unless the other party agrees otherwise.

The timeline described above shall not apply to a parent if the parent was prevented from requesting the hearing due to:

1. Specific misrepresentations be the local education agency (LEA) that it had resolved the problem forming the basis of the complaint; or
2. The LEA’s withholding of information from the parent that was required under this part to be provided to the parent.

If the due process notice is found to be insufficient by any party, the following procedures must be followed:

1. The receiving party should notify the hearing officer and the complainant, within 15 days of the receipt, that the notice does not meet the required content requirements.
2. The agency must provide prior written notice within 10 days if the agency has not provided prior written notice about the issues in the due process hearing notice.
3. The non-complaining party must respond within 10 days specifically addressing the issues in the due process hearing notice.
4. The hearing officer will make a determination about the sufficiency of the due process hearing notice within 5 days.
5. The due process hearing notice may be amended with the written consent of the other party or through a resolution meeting.
6. The hearing officer can grant permission to amend a due process hearing notice, but not within 5 days of the due process hearing.
7. The due process hearing timelines will recommence upon the filing of an amended notice.

The District shall provide to the parent a copy of the Procedural Safeguards upon receipt of a request for due process and inform the parent of the availability of mediation as an alternative dispute resolution mechanism. However, the offer of mediation does not negate the parent’s or district’s right to a due process hearing.

Prior to a due process hearing, the LEA shall convene a meeting with the parents and the relevant member or members of the Individualized Education Program (IEP) Team who have specific knowledge of the facts identified in the due process hearing request. The resolution meeting must:

1. Occur within 15 days of receiving notice of the parent’s due process hearing request;
2. Include a representative of the agency who has decision-making authority on behalf of such agency;
3. Not include an attorney of the LEA unless the parents are accompanied by an attorney;
4. Discuss the due process hearing request, and the facts that form the basis of the due process hearing request;
5. Provide the LEA the opportunity to resolve the due process hearing request.

The preceding 5 resolution meeting elements apply unless the parents and the LEA agree in writing to waive such meeting, or agree to use the mediation process described.

If the LEA has not resolved the issues that are the subject of the request for the due process hearing to the satisfaction of the parents within 30 days of the receipt of the request, the due process hearing may occur, and all of the applicable timelines for a due process hearing shall commence.

In the case that a resolution is reached to resolve the issues that are the subject of the request for the due process hearing at a meeting described above, the parties shall execute a legally binding agreement that is:

1. Provided to the Hearing Officer and the Department of Education & Early Development, Special Education Dispute Resolution.
2. Signed by both the parent and a representative of the agency who has the authority;
3. Enforceable in any state court of competent jurisdiction or in a district court of the U.S.

If the parties execute an agreement, a party may void such agreement within 3 business days of the agreement’s execution.

If a school district, a parent, or a student who has reached the age of majority requests a due process hearing, the district shall contact the department to request appointment of a hearing officer. The department will select a hearing officer through a random selection process, from a list maintained by the department. Within 5 business days after receipt of the request, the department will provide the district and the parent (or student) a notice of appointment, including the name and a statement of the qualifications of the hearing officer the department has determined eligible to conduct the hearing.

The district and the parent (or student) each have the right to reject, without stating a reason, one hearing officer appointed by the department. The rejecting party shall send written notice of the rejection to the department within five days after receipt of the department’s notice of appointment. The department will, within 5 business days after receipt of the written rejection, provide a notice of appointment, including the name and statement of qualifications, of another hearing officer that the department has determined available to conduct the hearing. Each appointment is subject to a right of rejection by a party who has not previously rejected an appointment.

Immediately following appointment, the hearing officer shall inform the parties of the availability of mediation and encourage use of that process to attempt to resolve the disagreement between the parent and the school district, but the hearing officer may not act as a mediator to the dispute.

A hearing officer may conduct a pre-hearing conference for the purpose of determining scheduling, requirements for briefing and exchange of exhibits, and other administrative matters specific to the hearing.

A hearing officer must be at least 21 years of age, and have successfully completed a training program sponsored by the department. Potential candidates must submit an application to the department in order to participate in the training program that will include review and analysis of federal and state statutes and regulations, and relevant court decisions. Each candidate must be at least a high school graduate or present evidence of equivalent formal education. The department will set class size at a level appropriate to maintain a sufficient number of hearing officers.

The appointment of a hearing officer who has a personal or professional bias that might preclude objectivity toward either of the parties to the hearing or any of the issues to be decided in the hearing is prohibited. Personal or professional bias means an interest that an independent third party could reasonably expect would conflict with the officer’s ability to objectively perform the responsibilities of a hearing officer and includes:

Hearings and reviews involving oral arguments must be conducted at a time and place that are reasonably convenient to the parents and the child involved. The hearing officer shall deliver or mail a notice of the hearing to the parent at least 10 days before the hearing. The notice must be worded substantially as follows:

You are notified that a hearing will be held before (insert name of hearing officer) at (insert place of hearing) upon the ______ day of ________________, 20__ at the hour of ______, in response to the request of ______________ for a hearing on the following issue: _________________. You may be represented by counsel, may present any relevant evidence, and may cross-examine any witnesses testifying against you.

In the notice provided, the district must inform the parent of any free or low-cost legal and other relevant services available in its area, and the availability of mediation.The hearing will be conducted according to the following rules:

1. The hearing will be conducted at a time and place that is reasonably convenient to the parents and child involved.
2. A record of the hearing will be made. The record will be a written transcript unless the parent opts for an electronic verbatim record. The parent may have access to the record upon formal request.
3. Each party may be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities.
4. Oral evidence may be taken only on oath or affirmation.
5. Each party has the right to compel the attendance of witnesses, call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on matters relevant to the issues even though those matters were not covered in the direct examination, impeach a witness regardless of which party first called the witness to testify, and rebut the evidence against him or her.
6. The hearing need not be conducted according to technical rules relating to evidence and witnesses, however:

   a.	Relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a court rule that makes improper the admission of the evidence over objection in a civil action.
   b.	Hearsay evidence may be used to supplement or explain direct evidence but is not sufficient by itself to support a finding unless it would be admissible over objection in a civil action.
   c.	The rules of privilege are effective to the same extent that they are recognized in a civil action.
   d.	Irrelevant and unduly repetitious evidence may be excluded.

7. A hearing officer may bar any party that fails to comply with the disclosure requirement from introducing the relevant information or recommendations at the hearing without the consent of the other party.
8. Any party may call an employee of the district as a witness.
9. A parent may have his or her child present and may open the hearing to the public.
10. The party that requests the hearing has the burden of proving the party's claim by a preponderance of the evidence.
11. The hearing officer shall render a final, written decision that includes a statement of the facts on which it is based. The hearing officer shall mail a copy to each party not later than 45 days after receipt of a parent’s request for a hearing, or 45 days after a district sends a written notice. A hearing officer may grant specific extensions of time beyond the 45-day period at the request of either party. An extension may only be granted for good cause. The extension may only be ordered for a specified time to respond to those circumstances. A hearing officer should not extend the timelines for a hearing based on the fact that there is pending mediation, unless both parties agree to the extension.
12. The department shall mail a copy of the decision of the hearing officer to the district and parents within a reasonable period of time.
13. The department shall mail a copy of the findings and decisions of the hearing officer, within a reasonable period of time and after deleting any personally identifiable information, to the Governor’s Council on Disabilities and Special Education; P.O. Box 240249; Anchorage, AK 99524-0249. The department will make those findings and decisions available to the public.
14. Any party to the hearing has the right to obtain a written, or at the option of the parents, electronic findings of fact and decisions. The department shall provide the copy upon request.
15. The decision of a hearing officer is final and binding on the school district and parent (or student) unless a party to the hearing appeals the decision. Notwithstanding a decision by the hearing officer, a child may not be evaluated, placed, transferred, or compelled to receive special education or related services until the period for filing an appeal has expired, or, if an appeal is filed, until the appellate review process has been completed.

If school personnel believe that it is dangerous for a child to be in the current placement (i.e., placement prior to removal to the interim alternative education setting) during the pendency (period of time between the request for and the completion of the hearing) of the due process proceedings, the district may request an expedited due process hearing. The hearing shall occur within 20 school days of the request. The hearing officer’s written decision must be mailed to the parties within 10 days of the hearing, without exceptions or extensions. The hearing officer’s decision is final, except that any party involved in the hearing may appeal the decision to state or district court. In determining whether the child may be placed in the alternative educational setting or in another appropriate placement ordered by the hearing officer, the hearing officer must:

The hearing officer’s written decision must be mailed to the parties within 45 days of the parent’s or district’s receipt of the request for the hearing, without exceptions or extensions. The hearing officer’s decision is final, except that any party involved in the hearing may appeal the decision to state or district court.

Placement in an interim alterative educational setting, ordered by a hearing officer, may not be longer than 45 days. However, the procedures outlined above may be repeated, as necessary.