After a recent post on special education mediation, I’ve received several questions asking for more information.

To be eligible for special education services the child must be identified by a team of professionals as having a disability that adversely affects academic performance. Federal legislation has defined thirteen categories: autism, deaf-blindness, deafness, emotional disturbance, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury and visual impairment.

In the academic year 2018-2019, 7.1 million children, ages 3 to 21, received special education services under the Individuals with Disabilities Education Act. That represents 14 percent of all public school students.

The purpose of the act was not only to provide free appropriate public education to these children, but also to insure that parents have a voice in their child’s education. 

Parents sometimes disagree with school officials assessment of the services and placement their child should receive. One of the options parents have is to request mediation, which is voluntary. So, not only must the parent be willing to participate, but so must the school district.

It’s worth noting that when mediation is selected, The Center for Appropriate Dispute Resolution in Special Education reports that the agreement rate is consistently higher when compared to other resolution meetings between parents and school representatives.

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.