SPECIAL EDUCATION MEDIATION

In June 1997, the Individuals with Disabilities Education Act (IDEA) was reauthorized and signed into law. Under the reauthorization, all school districts are required to make special education mediation available to parents of children with disabilities. In New York State, the use of mediation is strongly encouraged as a means to resolve disagreements between parents and the school district Committee on Preschool Special Education (CPSE) or Committee on Special Education (CSE).

All school districts must offer special education mediation as a means to resolve disputes relating to the identification, evaluation, educational placement or the provision of a free appropriate public education to a child with a disability.

Special Education Mediation is a process in which the parent(s) or guardian(s) of a student with a disability and a representative of the school district meet with a mediator, who is an independent person. By asking questions and discussing all information with both parties, the mediator helps the parent(s) and the school district representative resolve disagreements, reach a more complete understanding of each other’s concerns and agree upon the special education program for the student in a cooperative and timely manner. At the end of the mediation session, whatever the parent and the school district representative agree upon should be done is written down. The district will then arrange to carry out the agreement. Agreement may be reached on any or all of the issues which were discussed during the mediation session. Any issue(s) not settled at the mediation session can be discussed further with the Committee on Preschool Special Education (CPSE) or the Committee on Special Education (CSE) or brought to an impartial hearing. Mediation does not diminish or limit the rights of a parent, including the right to request an impartial hearing subsequent to mediation (section 4404-a of Education Law). Additionally, a parent may request an impartial hearing after terminating mediation.

The agreement reached in mediation is binding upon the parties. Any discussions that take place during mediation are confidential and cannot be used as evidence in any impartial hearing, appeal to the State Review Office or civil court proceeding.

Mediation must be scheduled in a timely manner and held in a location that is acceptable for both parties. The meeting should be held at a neutral site, not at the school, usually within two weeks of the date of the parent’s written request to the CPSE, CSE or Board of Education (BOE). New York State law requires that special education mediations be conducted by a Community Dispute Resolution Center (CDRC). Each Center is staffed by a number of highly qualified mediators who are not employed by the school district or by the State Education Department. The mediators are volunteers who have various occupations and all have the special training and skills needed to facilitate the mediation process.

Neither parents nor school districts are responsible for the costs of special education mediation. Such costs are the responsibility of the State Education Department. Parents are in no way obligated to agree to services or programs which they do not feel are appropriate for their child.

A parent requests mediation by completing a Request for Due Process Proceedings form which can be found in the publication Special Education Mediation: Real Solutions Where Everyone Wins. The parent sends it to his/her child’s Committee on Preschool Special Education, Committee on Special Education or to the school district Board of Education. The school immediately forwards a parent’s request to the local Community Dispute Resolution Center. The Center will assign a mediator and arrange a mediation meeting. Usually, the entire process is completed within two weeks of the Center’s receipt of the request. School districts may also request mediation by informing the parent(s) that the school district is requesting mediation, providing the parents with all procedural safeguards, and requesting mediation through the CDRC. However, mediation is voluntary.

No. Since 1988 a growing number of school districts in New York State have made special education mediation available upon parental request. In many other states, this type of mediation has been available for a much longer period. Both in New York and other states, special education mediation has been a highly successful alternative to the more formal, time consuming and expensive impartial hearing process. As of July 1995, your school district is required by New York State Education Law to make mediation available to parents in order to improve communication and cooperation and resolve matters related to special education programs and services. In June 1997, The Individuals with Disabilities Education Act was reauthorized and requires mediation as well.

Mediation is an additional method for resolving a dispute which the school district must make available. Use of this method to resolve a parent’s concern does not in any way affect the parent’s other rights to due process, such as the right to impartial hearing. A parent can request an impartial hearing at any time before, during, or after the mediation. Requesting an impartial hearing prior to or in the absence of mediation does not constitute that a person has failed to exhaust administrative remedies. Mediation does not diminish or limit the rights of a parent, including the right to request an impartial hearing subsequent to mediation (section 4404-a of Education Law). Additionally, a parent may request an impartial hearing after terminating mediation.

Yes, mediation is voluntary both on the part of the parent and the school district.

If a parent chooses not to participate in mediation, they may be requested to participate in a meeting with a neutral party to discuss the benefits of mediation. A representative of the CDRC will contact the parent to set up the meeting.

The student will remain in the current school program, unless the parent and the school district agree on another placement.

Mediators are volunteers who receive at least 25 hours of specialized training in conflict resolution from one of the participating Community Dispute Resolution Centers. These mediators also receive updated training at least two times per year. In addition to this preparation, each mediator who will conduct a special education mediation has received training in special education laws and regulations from the State Education Department.

Community Dispute Resolution Centers are nonprofit agencies which provide community dispute resolution services through the Unified Court System of the State of New York. They currently serve all 62 counties in the State and are highly successful in resolving minor criminal and civil matters such as rent disputes and marital problems. Beginning in 1988, selected Centers expanded their services to include issues related to special education. As of July 1, 1995, mandate, all Centers have provided special education mediation.

Generally, the parent(s) or guardian(s) and a representative of the school district attend mediation. Since mediation is intended to improve communication, the parties represent themselves in discussions regardless of who accompanies them. Either party, however, may be accompanied by others, including an attorney. The request for mediation, the discussions during the meeting, and the agreement will be held in confidence regardless of who attends.

The mediation meeting will take place at a neutral site arranged by the local Community Dispute Resolution Center. The Center will contact both parties to be sure that the time, date, and location for the mediation meeting are convenient.

Yes. A school district is required to provide the parent with all procedural safeguards when the parent requests mediation or the school district initiates a request for mediation.

Yes. The written agreement reached in mediation is binding upon the parties.

Following mediation, the agreement must be immediately implemented and a CSE/CPSE meeting must occur to amend the IEP, if necessary, to be consistent with the agreement.

At an impartial hearing following mediation, only written agreements may be presented as evidence. No summary of actual discussions or offers of settlement will be permitted.

At mediation, the mediator facilitates communication between the school district and the child’s parent or guardian to help them reach agreement regarding the issue(s). At an impartial hearing, the hearing officer renders a decision based on evidence and testimony.

Additional information may be obtained by contacting your Committee on Preschool Special Education, Committee on Special Education, or your local Special Education Training and Resource Center (SETRC). Additionally, information may be obtained by contacting the Office of Vocational and Educational Services for Individuals with Disabilities (VESID), at (518) 486-7462 or the Community Dispute Resolution Centers at (518) 465-2500.

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