Special Education - Rights and Dispute Resolution Process
Legal Information
This section of PALawHelp.org has information and resources about Special Education - Rights and Dispute Resolution Process in Pennsylvania.
Special Education Dispute Resolution
The Individuals with Disabilities Education Act (IDEA) and its implementing regulations require states to provide specific options for resolving disputes between parents and schools. PA Department of Education’s Bureau of Special Education (BSE) manages the state complaint system and the Office for Dispute Resolution (ODR) manages the due process, mediation, and alternative dispute resolution systems.
Additional information about PA’s dispute resolution system can be found in the Procedural Safeguards Notice.
Pennsylvania’s Office for Dispute Resolution (ODR) provides the resources for families and educational agencies to resolve educational disputes for students with disabilities, as required by state and federal law. Below are dispute resolution options available to schools and families. Continue Reading Full Resource. . .
Click on a resource category listed below to see information related to that category.
Parents’ Rights: Understanding the Procedural Safeguards Notice
Parents of children who receive or who may be eligible for special education services have rights under a law called the Individuals with Disabilities Education Act (IDEA). This brochure provides a summary of those rights. The Procedural Safeguards Notice provides a more detailed explanation of those rights. (Updated 7/25)
Procedural Safeguards Notice
Federal law provides that the Procedural Safeguard Notice must be given to parents of a child with a disability. The notice contains a full explanation of the procedural safeguards available under Federal law and regulations. A copy of this notice must be given to parents only once a school year, or (1) upon initial referral or parent request for evaluation; (2) upon filing by parents of their first State complaint under 34 CFR §§300.151 through 300.153 and upon filing by parents of their first due process complaint under §300.507 in a school year; (3) when a decision is made to take a disciplinary action that constitutes a change of placement; and (4) upon parent request.
Resolving Special Education Disagreements
Parents and schools may disagree about any matter related to a child’s education, including whether a child is eligible for special education services, the Individualized Education Program (IEP) offered by the school, the type and length of services, and the child’s school and classroom placement. This fact sheet provides information on how parents can address and resolve disagreements, including the time limits for taking action to object to proposed changes involving your child's education. August 2025.
Special Education Dispute Resolution
The Individuals with Disabilities Education Act (IDEA) and its implementing regulations require states to provide specific options for resolving disputes between parents and schools. PA Department of Educations’s Bureau of Special Education (BSE) manages the state complaint system and the Office for Dispute Resolution (ODR) manages the due process, mediation, and alternative dispute resolution systems. Information on dispute resolutions procedures can be found on the webpage.
Mediation (Special Education)
Even when parents and school officials try their best to reach agreement on a student’s special education program, disagreements can occur. If this happens, mediation, which is a free, voluntary, and confidential alternative to a formal due process hearing, is an option. Mediation can take place at any time before or during the due process cycle. Mediation is not a required process and may not delay or deny a parent the right to a due process hearing. Information on the Mediation process from the Office of Dispute Resolution (Special Education).
Request for Translation and Interpretation Services
Federal civil rights laws require schools to provide free language services for multilingual parents or caregivers whose first language is not English. This form and checklist includes questions the parent or caregiver can ask about the types of language services available and when the school can provide language services. By asking these questions, the parent or caregiver will learn about the process to request language services and the point of contact at the school responsible for providing interpretation and/or translation. This self-advocacy tool is available for general education in Spanish, Chinese, Arabic and Nepali. This self-advocacy tool is available for special education in Spanish, Chinese, Arabic and Nepali.
Education Rights for Mentally Gifted Students
Consumer Legal Information Pamphlet from the Pennsylvania Bar Association. (September 2014)
Education Rights for Students with Disabilities
Consumer Legal Information Pamphlet from the Pennsylvania Bar Association. (September 2014)
Rights of Gifted/Handicapped/Special Education Children
Information from the Erie County Bar Association on the rights of students who are gifted, handicapped or in a Special Education program. (April 2018)
Education Law Center
The Education Law Center is a non-profit legal advocacy and educational organization, dedicated to ensuring that all of Pennsylvania's children have access to a quality public education.
Request for Translation and Interpretation Services
Federal civil rights laws require schools to provide free language services for multilingual parents or caregivers whose first language is not English. This form and checklist includes questions the parent or caregiver can ask about the types of language services available and when the school can provide language services. By asking these questions, the parent or caregiver will learn about the process to request language services and the point of contact at the school responsible for providing interpretation and/or translation. This self-advocacy tool is available for general education in Spanish, Chinese, Arabic and Nepali. This self-advocacy tool is available for special education in Spanish, Chinese, Arabic and Nepali.
Resolving Special Education Disagreements
Parents and schools may disagree about any matter related to a child’s education, including whether a child is eligible for special education services, the Individualized Education Program (IEP) offered by the school, the type and length of services, and the child’s school and classroom placement. This fact sheet provides information on how parents can address and resolve disagreements, including the time limits for taking action to object to proposed changes involving your child's education. August 2025.
The Right to Special Education In Pennsylvania: A Guide for Parents and Advocates [PDF]
Children with disabilities can do great things in school and in life when they get the right supports and services. This Guide is meant to help you – the parent – learn how the system designed to educate children with disabilities (called special education) works in Pennsylvania and how you can make it work for your child. This Guide describes the legal rules for special education and early intervention programs in Pennsylvania for children from ages three until the student’s 22nd birthday. The rules discussed in this Guide apply to children who attend public schools in Pennsylvania, including charter schools. (2021)
Call the Special Education in PA ConsultLine
Call ConsultLine: 1-800-879-2301. ConsultLine, a service of the Office for Dispute Resolution, is designed to assist parents and advocates of children with disabilities or children thought to be disabled. Reach out with any questions concerning your child's special education program or the laws relating to the provision of services in your child's Individualized Educational Program (IEP). ConsultLine provides information about school-related concerns, special education regulations, procedural safeguards, and parents’ rights. The ConsultLine is designed to be used by parents and parent/advocacy organizations.
Educational Programs for Students in Non-Educational Placements
School-age children are sometimes placed in residential programs for reasons not related to the child's educational needs, for example, under the auspices of a county Mental Health/Intellectual Disabilities (MH/ID) program agency, children and youth agency, or through a local court. This Basic Education Circular discusses the obligations of school districts to educate students with disabilities who reside in residential facilities within the school districts' boundaries.
Extended School Year Services in Pennsylvania
Extended School Year (ESY) services are special education and related services that are provided to students with disabilities beyond the 180-day school year. This guide contains a comprehensive compilation of documents that will provide direction, respond to questions, and guide parents and local education agencies in making determinations about ESY services. February 2025.
IEP Facilitation
IEP facilitation is a voluntary process that can be used when all parties to an IEP meeting agree that the presence of a neutral third party would help facilitate communication and the successful drafting of the student’s IEP. View this webpage from The Office for Dispute Resolution (Special Education) for more information on how the process works.
Mediation (Special Education)
Even when parents and school officials try their best to reach agreement on a student’s special education program, disagreements can occur. If this happens, mediation, which is a free, voluntary, and confidential alternative to a formal due process hearing, is an option. Mediation can take place at any time before or during the due process cycle. Mediation is not a required process and may not delay or deny a parent the right to a due process hearing. Information on the Mediation process from the Office of Dispute Resolution (Special Education).
Nonpublic Schools
Information from the PA Department of Education on Students with Disabilities who are publicly placed in a Nonpublic school; Approved Private Schools and the Chartered Schools for the Deaf and Blind; and Students with Disabilities who are placed by their parents in a nonpublic school.
Parents’ Rights: Understanding the Procedural Safeguards Notice
Parents of children who receive or who may be eligible for special education services have rights under a law called the Individuals with Disabilities Education Act (IDEA). This brochure provides a summary of those rights. The Procedural Safeguards Notice provides a more detailed explanation of those rights. (Updated 7/25)
Procedural Safeguards Notice
Federal law provides that the Procedural Safeguard Notice must be given to parents of a child with a disability. The notice contains a full explanation of the procedural safeguards available under Federal law and regulations. A copy of this notice must be given to parents only once a school year, or (1) upon initial referral or parent request for evaluation; (2) upon filing by parents of their first State complaint under 34 CFR §§300.151 through 300.153 and upon filing by parents of their first due process complaint under §300.507 in a school year; (3) when a decision is made to take a disciplinary action that constitutes a change of placement; and (4) upon parent request.
Special Education Dispute Resolution
The Individuals with Disabilities Education Act (IDEA) and its implementing regulations require states to provide specific options for resolving disputes between parents and schools. PA Department of Educations’s Bureau of Special Education (BSE) manages the state complaint system and the Office for Dispute Resolution (ODR) manages the due process, mediation, and alternative dispute resolution systems. Information on dispute resolutions procedures can be found on the webpage.
Special Education Timelines
This booklet cites the special education timelines in accordance with the requirements of Pennsylvania law, Chapter 711 Charter School and Cyber Charter School Services and Programs for Children with Disabilities, Chapter 14 Special Education Services and Programs and Federal Regulations Part 300, and the Individuals with Disabilities Education Act (IDEA). (January 2026)
Accessible Instructional Materials for Children with Disabilities
Information from the Disability Rights Pennsylvania on the availability of Accessible Instructional Materials for children with disabilities.
Should I Graduate This Year? A Guide for Students and Their Families
Disability Rights Pennsylvania provides information on graduation requirements for students receiving Special Education at school under the guidance of an IEP Team. This guide was created to answer some questions about graduation and provide a general sense of what your legal rights are.