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When
All The Doors Seem Locked...
Indiana Speical Education Mediation Could be The Key
- SOMETIMES,
parents are confused about their child's special education program or placement. - SOMETIMES,
parents feel that school or agency personnel are not listening to them. - SOMETIMES,
parents and the school or agency seek a way to resolve conflicts other than a due process hearing, a way that is less stressful, less adversarial and less expensive. - SOMETIMES,
parents and schools or agencies want an agreement resulting from mutual understanding rather than a decision imposed upon them.
Mediation in Special Education
The Key
- Resolves disagreements concerning the identification, evaluation or educational placement of students with a disability.
- Clarifies the issues which are causing the disagreement.
- Provides the opportunity for all parties to present their points of view.
- Stimulates mutual problem solving efforts.
- Promotes positive relationships between parents and the school or agency personnel.
- Helps parents and school or agency personnel focus on what they have in common—the student—rather than on the issues that divide them.
Mediation in Special Education is:
- intended to resolve conflicts between parents and schools regarding a student's special education program.
- a process that uses professionally trained mediators to guide the participants toward a mutually satisfactory solution in the best interests of the student.
- requested by the student's parent, guardian or educational surrogate parent and the school or agency personnel.
- more structured than a parent-school conference, but less formal than a due process hearing.
The Special Education Mediation Process is:
- VOLUNTARY.
It is optional for both parties. - CONFIDENTIAL.
It opens communication in a confidential setting. There is no public disclosure of information by either party. - AT NO COST TO EITHER PARTY.
The Indiana Department of Education bears all costs related to mediation. - AN ALTERNATIVE.
It may occur prior to or concurrent with a request for a due process hearing. It does not interfere with either the right to due process or with due process timelines. - ENCOURAGED.
Section 300.506 of the Individuals With Disabilities Education Act (Public Law 101-476) encourages the use of mediation in special education disputes.
Administered by:
Indiana Department of Education
Division of Special Education
Room 229, State House
Indianapolis, IN 46204-2798
(317) 232-0570
FIRST STEPS
Bureau of Child Development
Division of Family and Children
402 W. Washington
Indianapolis, Indiana 46204
(317) 232-1144 or 1 (800) 441-7837 (1-800-441-STEP)
University of Illinois at Urbana-Champaign