If either party is dissatisfied with the hearing officer's decision, they can appeal the decision to the state education agency. This is referred to as an administrative appeal. If the state education agency does not overturn the original decision, all parties still have the right to initiate civil action through state or federal courts. While due process is an important feature ensuring an appropriate education for students with mental retardation, the most important component is the IEP process. If all parties proceed in good faith, the majority of conflicts can be resolved.
Mediation is voluntary for both the parents and the schools.
Mediation sessions must be scheduled in a timely manner and be held in a convenient location for all parties involved. Each mediator must be qualified and impartial. An agreement reached during the mediation process must be recorded in a written document. Mediation cannot be used to deny or delay a parent's right to a due process hearing. Parents who decide not to enter mediation, however, may be required to learn about the usefulness of mediation in resolving disputes and encouraged to use it by a disinterested party.