Mediation & Resolution Preparation

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. This article describes two of these dispute resolution mechanisms — mediation and resolution sessions — and provides advice to parents who utilize them.

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. The mediator schedules the mediation at a convenient time and place and facilitates the discussion. Although mediators vary in the way they handle sessions, participants can expect the mediator to help the parties make introductions, define the issues, present their points of view, explore options, and come to an agreement. More specifically, the mediator should:

  • Help the parents and school officials state their positions clearly and productively;
  • Help the parents and school officials stay focused on the relevant issues;
  • Provide a neutral assessment of the strength of each side’s position;
  • Separate the parents from the school personnel, if necessary or useful, and become their go-between for communication;
  • Identify areas of agreement and disagreement;
  • Suggest possibilities to each side that might bring them closer to agreement;
  • Facilitate the drafting of a mediation agreement that resolves the dispute, if the parents and school officials have come to an agreement.

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 that is what the parent chooses to do, but asking for and engaging in mediation will not delay the expiration of the statute of limitations for filing due process, which is two years or other time limit set by the state. In other words, the clock for the two-year period of time (or other state time limit) in which parents can file due process continues to run during any mediation. What people say in the mediation session is confidential and inadmissible