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Mediation

Parents and schools sometimes disagree on special education matters, such as what special education services and placement a child should receive under this right. The Individuals with Disabilities Education Improvement Act of 2004 (IDEA) and Hawaii Administrative Rules (HAR) Chapter 60 provide mediation as a dispute resolution mechanism to help parents and schools resolve disputes collaboratively (34 Code of Federal Regulations §300.506 and the HAR §8-60-60).

Mediation is an impartial and voluntary process that allows parents and school personnel to work out differences collaboratively. With the assistance of a qualified and impartial mediator experienced in effective mediation techniques and special education law, who guides the process, parents and schools address special education concerns to resolve disagreements. Both the school and the parent must agree to participate.

The Hawaii State Department of Education makes mediation available through the Mediation Center of the Pacific (MCP). To request mediation, please:

1. Contact MCP at 808-521-6767 or email mcp@mediatehawaii.org, or

2. Submit a Request for Mediation Form.

Special Education Mediation - Resolving Conflicts Between Parents and Schools flyer provides relevant information about using mediation as the first step in working through any conflicts between parents and schools regarding any aspect of special education. 

If there are any questions, please contact the Monitoring and Compliance Branch via email at specialedcomplaints@k12.hi.us or at (808) 307-3600.

Filing an IDEA State Written Complaint

According to 34 CFR §300.153 HAR §8-60-54, an organization or individual may file a signed written State complaint if the organization or individual believes the Department violated provisions of the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) and Hawaii Administrative Rules (HAR) Chapter 60. 

To facilitate the process of filing a state written complaint, you may elect to use the model form available here: Special Education (IDEA) Written Complaint Form. 

Address written complaints to the Department’s Complaints Management Program at: 

E-mail address: 
specialedcomplaints@k12.hi.us 

Mailing Address: 
Complaints Management Program
Monitoring and Compliance Branch
Office of the Deputy Superintendent
P.O. Box 2360
Honolulu, HI 96804

Contact Information:
For more information regarding IDEA state written complaints, please contact the Complaints Management Program via e-mail at specialedcomplaints@k12.hi.us or at (808) 307-3600.

Filing an IDEA Impartial Due Process Hearing Request

If you want to file an IDEA due process hearing request to resolve an IDEA disagreement, please refer to this document: Request for Due Process Hearing. For more information regarding IDEA impartial due process hearing requests, please contact the Complaints Management Program via e-mail at specialedcomplaints@k12.hi.us or at (808) 307-3600.

Procedural Safeguards Notice Under IDEA

In accordance with 34 CFR §300.504(a) and HAR §8-60-59, schools are required to provide a copy of the Procedural Safeguards Notice to parent(s) only one time a school year, except that a copy must also be given to parent(s) during the following circumstances:

(1)  Upon initial referral or parent(s) request for evaluation;

(2)  Upon receipt of the first State complaint and upon receipt of the first due process complaint in a school year;

(3)  In accordance with discipline procedures in 34 CFR §300.530(h); and

(4)  Upon request by a parent(s). 

Special Education Directory