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Special Education Mediation

Law-in-brief: Special Education #11

Date: September 2000

Prepared by: Beth Stevens, legal intern

Under the Individuals with Disabilities Education Act Amendments of 1997 (IDEA), parents and school districts can resolve disagreements about special education through mediation, rather than due process hearings, if they so choose.

What is special education mediation?

Mediation is a way to resolve disagreements between school districts and parents of children with disabilities. In mediation, a neutral person called a mediator helps parents and school districts work together to develop an agreement resolving their dispute which is put into a written document. Mediation is less formal than due process hearings, and is not conducted in an adversarial manner as due process hearings are. The mediation process is confidential and anything said during a mediation discussion cannot be used in any future due process hearing or court proceeding.

Do I have to go through mediation?

No. Mediation is a voluntary process and you do not have to participate if you choose not to. You can choose to go through a due process hearing if you do not want to go through mediation. Mediation is also voluntary for school districts, so a school district can refuse to participate in mediation. If this happens, you can request a due process hearing as a way of resolving your dispute.

If I choose to go through mediation and I can’t reach an agreement with the school district, can I still request a due process hearing?

Yes. If you chose to participate in mediation, you do not lose any of your due process rights under the IDEA. Since mediation is voluntary, either party can choose to end the mediation process at any time and request a due process hearing.

How do I request special education mediation services?

To request special education mediation services, contact the Office of the Superintendent of Public Instruction (OSPI) at 1-800-692-2540. Mediation services are provided by Sound Options Mediation and Training Group.

How much does mediation cost?

Special education mediation services are free to both the parents and the school district. The cost of mediation services is paid by OSPI.

When and where will the mediation be held?

Mediation sessions must be held at a time and place which are convenient to both the parents and the school district. The intake coordinator for the mediation service will contact you and the school district to arrange a mutually convenient time and place for the mediation session to be held. Generally, the first mediation session is held within 14 calendar days of the request for mediation services.

Can I bring an advocate or an attorney with me to mediation?

Yes and no. It is a good idea to bring someone with you, and an advocate is allowed to attend. In the past, mediators allowed parties to bring their attorneys. However, due to changes in the law regarding attorney fees, Sound Options does not allow attorneys at mediation. Now, attorneys may consult with clients during breaks, but may not be present in the room where mediation takes place. If you have an attorney, you should always consult with him or her before signing any mediation agreement.

What if I or my advocate can’t attend the mediation on the scheduled date or time?

You should contact the school or the district to find mutually agreeable times and dates that would allow you and your advocate to attend. Because mediation is a voluntary process, the school cannot hold the mediation without you, or force mediation to go ahead without your advocate, if it is scheduled when they cannot attend.

How can I prepare for mediation?

It may be helpful to take the following steps before your first mediation session:

	Bring any documents with you to the mediation that you think might be helpful, such as copies of evaluations, IEPs, correspondence, and medical reports. Organize the documents in a way that makes sense to you so that they are easily located.
	Create an outline of the areas of concern you have about your child’s education, so you don’t leave out anything during the mediation.
	Familiarize yourself with the IDEA and associated regulations. You can access the IDEA and regulations at your local county law library, or online at http://www.taalliance.org.

You may also wish to contact an attorney before your mediation. To request a list of attorneys specializing in disability-related issues, including special education, you can contact WPAS.

I am happy with the mediation agreement but the school is not doing what they agreed to. Can I enforce the agreement?

No. The mediation agreement is not legally binding or enforceable. Each party enters into this agreement voluntarily, to "sincerely attempt to resolve the issues of this dispute." If the school is not following through and breaks the agreement, you may need to proceed with a due process hearing, a citizens complaint, or a complaint to the Office for Civil Rights.

Where can I find more resources about special education mediation?

Parents Are Vital in Education (PAVE)
6316 South 12th Street
Tacoma, WA 98465
1-800-572-7368 (voice/TTY)
http://www.washingtonpave.org

Coalition for Appropriate Dispute Resolution in Special Education (CADRE)
Direction Service, Inc.
P.O. Box 51360
Eugene, OR 97405-0906
(541) 686-5060
http://www.directionservice.org/cadre

Sound Options Mediation and Training Group, LLC
P.O. Box 11457
Bainbridge Island, WA 98110
1-800-692-2540

This document is an information service of the Washington Protection & Advocacy System (WPAS). It provides general information only and should not be used as legal advice for any specific situation. If you would like more information about this topic, call us and ask for a Resource Advocate.

To receive this document in an alternative format, such as large print or Braille, please call Washington Protection & Advocacy System (WPAS) at 1-800-562-2702.

WPAS is a member of the National Disability Rights Network
A substantial portion of the WPAS budget is federally funded.

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