Policy analysis reveals deficiencies in dispute resolution for students with disabilities, highlighting the need for stronger oversight to protect educational rights.
Students with disabilities are entitled to a free appropriate public education (FAPE). However, conflicts regarding FAPE can occur between caregivers and local education agencies (LEAs). IDEA provides three mechanisms for resolving special education disputes: due process, mediation, and state-based complaints. In Massachusetts, caregivers can file a state complaint through the Problem Resolution System (PRS). An Office of Special Education Programs (OSEP) review and a state auditor report raised concerns regarding PRS. This manuscript examines special education procedural safeguards, including PRS, through the lens of caregiver involvement toward FAPE. We discuss the need for stronger federal and state oversight, the limitations of relying on administrative data to rate compliance, and recommendations for improving PRS practices, policy, oversight, and school-based efforts to prevent disputes and promote FAPE.
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Klayman et al. (2026) studied this question.
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