MEDIATION AND SPECIAL EDUCATION

In 2004, Congress reauthorized the Individuals with Disabilities Education Act (IDEA). The legislation establishes the right to a free and appropriate public education and requires through an Individualized Education Program that details goals for each student. While implementation of the act varies by state and local school district, generally parents have the right to file Compliance Complaints when they feel their school district is not providing the agreed upon services. Parents have a right to a Due Process Hearing to resolve disputes about eligibility and services. 

In some school districts, parents have the option of requesting mediation before filing a due process complaint. Like other forms of mediation, this is voluntary. The parent(s) and a representative of the school district meet with an independent mediator. The parties have the opportunity to ask questions and discuss issues to better understand each other’s positions and agree on an appropriate special education program for the student.

Parents may feel their questions have not been answered and that their child is not receiving needed services. Parents are highly motivated to secure services for their child, but may feel intimated and lacking power as well as information when meeting with school officials. One early study showed that parents felt that school administrators did not view their child as an individual with unique strengths and abilities, but rather from a deficit model perspective.

School administrators want to provide the services they can within their financial constraints. The mediations can be challenging and emotional because parents tend to view their child as unique and want the best outcome. As a result, some parents can see securing non-typical services as their only hope for their child’s future. 

Parents are more likely to feel the mediation to be successful if they better understand their options so they can negotiate from a more informed and empowered place.