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Preparing for Special Education Mediation and Resolution Sessions IDEA: The Individuals with Disabilities Education Act (IDEA) entitles children with disabilities to a free, appropriate public education in the least restrictive environment. Parents and school officials sometimes disagree on what special education services and placement a child should receive under this right. Recognizing the potential for disputes, the IDEA provides several dispute resolution mechanisms to help parents and school officials resolve differences of opinion about the Individuals with Disabilities Education Act, according to Jane R. Wettach, Clinical Professor of Law, Duke Law School and Director, Duke Chidren’s Law Clinic. Mediation can be useful even if parents are committed to choosing due process, because it can narrow the issues of disagreement and allow the parents to gain a better understanding of the school district’s position. This will help parents prepare their case if due process occurs.
Mediation: What is Special Education Mediation?
Special education mediation is a process in which a mediator helps to resolve a dispute between a parent and school district personnel over a child’s special education program. A mediator is a neutral person who will help the participants arrive at a mutually satisfactory agreement. The mediator is paid
by the state education agency, so there is no cost to either the school district or the parents. Parents may request mediation at any time to attempt to resolve a dispute. Typically, mediation is attempted prior to the filing of a due process petition, but it can be requested following the filing of due process. The state education agency is required to establish and implement procedures for mediation. Legal Requirements for Mediation IDEA requires that state departments of education offer Local Educational Agencies (LEAs, generally school districts) and parents the opportunity to participate in mediation to settle any disagreements between them. [20 U.S.C. 1415(e); 34 CFR 300.506] IDEA requires state departments to: • Maintain a list of qualified mediators who are knowledgeable about special education law and trained in mediation techniques; • Compensate the mediators, so that the process is free to both parents and school districts; • Establish and implement procedures for facilitating mediation. The law also requires that mediation be voluntary on both sides. So, if a parent requests mediation, but the school district objects to it, then it will not be scheduled. Mediation must not delay a parent’s right to go forward with due process if 45