Dispute Resolution

Dispute Resolution Options

The Colorado Department of Education (CDE) offers three options under the Individuals with Disabilities Education Act for resolving disputes related to special education: mediation, state complaints, and due process complaints. Click on a button below for more information on each option.

Compare Dispute Resolution Options

Parent and Child Rights in Special Education

The Procedural Safeguards Notice explains the rights of a parent of a student with a disability and the procedures that protect those rights under state and federal special education law, including the Exceptional Children's Educational Act (ECEA) and the Individuals with Disabilities Education Act (IDEA).

ECEA and IDEA require that a school district, a board of cooperative educational services (BOCES), or a State Operated Program provide the Procedural Safeguards Notice to parents at least once per year and on the following occasions: upon initial referral or on request for evaluation; upon receipt of the first state complaint and upon receipt of the first due process complaint in a school year; upon a disciplinary change of placement; or upon parent request. With parental agreement, a public agency can provide a parent an electronic copy of the procedural safeguards notice (e.g., through email) instead of a paper copy.

Transformative Justice Project of Colorado

If an administrative unit or state-operated program files a due process complaint concerning the same issues on which a parent had received a state complaint decision in their favor, the parent may contact Transformative Justice Project of Colorado to have an attorney appointed to represent them in the due process hearing. The Transformative Justice Center of Colorado shall maintain a list of qualified attorneys and assign them on a rotational basis. Representation will be provided at no cost to a qualifying parent.

Memo to Special Education Directors, Advocacy Organizations, and Parents

Issued November 21, 2024 from Dr. Paul Foster Re: State Complaint Procedures

On May 16, 2024, the U.S. Department of Education’s Office of Special Education Programs (OSEP) determined that the Colorado Department of Education’s (CDE) State Complaint Procedures required content for filing a written state complaint that exceeds the requirements under the Individuals with Disabilities Education Act (IDEA). In addition, OSEP determined that the State’s Rules for the Exceptional Children’s Educational Act (ECEA) do not define “public agency” to include the CDE in reference to state and due process complaints.

In response, the CDE has revised its model forms, procedural safeguards notice, and question and answer documents for state and due process complaints to be consistent with IDEA requirements. The CDE is in the process of revising ECEA Rules and State Complaint Procedures to be consistent with IDEA requirements. Until the revisions to the State’s ECEA Rules and the State Complaint Procedures are in effect, the CDE will follow IDEA content requirements for state complaints, as described in 34 C.F.R. § 300.153(b), and due process complaints, as described in 34 C.F.R § 300.508(b).

Helpful Resources 

• Questions and Answers on IDEA Part B Dispute Resolution Procedure (Office of Special Education and Rehabilitative Services) (PDF)
• 2nd Edition of the OSEP Glossary of Spanish Translations of Common IDEA Terms (SPAN Parent Advocacy Network) (PDF)
• Working Together Series - Free Interactive Courses to Promote Effective Collaboration between Parents and Schools (The Center for Appropriate Dispute Resolution in Education) (External Link)
• OSERS FAQ: The Rights of Students with Disabilities in Public Charter Schools under the IDEA (PDF)
• OCR FAQ: The Rights of Students with Disabilities in Public Charter Schools under Section 504 of the Rehabilitation Act of 1973 (PDF)
• Out from the Shadows: Informal Removal of Children with Disabilities from Public Schools (NDRN) (PDF)
• OCR: Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline under Section 504 of the Rehabilitation Act of 1973 (PDF)
  • OCR Fact Sheet: Supporting Students with Disabilities and Avoiding the Discriminatory Use of Student Discipline Under Section 504 of the Rehabilitation Act of 1973 (PDF)
• OSERS: Dear Colleague Letter on Implementation of IDEA Discipline Provisions (PDF)
  • OSERS Questions and Answers: Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions (PDF)
  • OSERS Positive, Proactive Approaches to Supporting the Needs of Children with Disabilities: A Guide for Stakeholders (PDF)
• OSEP Question and Answer Regarding IDEA Dispute Resolution Procedures from June 22, 2020 (PDF)
• OSEP Question and Answer Regarding Procedural Safeguards from June 30, 2020 (PDF)
• OCR Question and Answer for K-12 Regarding COVID-19 from September 28, 2020 (PDF)
• OSERS and OCR Long COVID under Section 504 and the IDEA: A Resource to Support Children, Students, Educators, Schools, Service Providers, and Families from July 26, 2021 (PDF)
• OSEP Question and Answer: Return to School Roadmap - Child Find Under Part B of the IDEA from August 24, 2021 (PDF)
• OSEP Question and Answer: Return to School Roadmap - IEP Development and Implementation from September 30, 2021 (PDF)

Contact Us

Exceptional Student Services Unit, 201 E. Colfax Avenue, Denver, CO 80203 | Phone: 303-866-6694, Fax: 303-866-6767