Getting Schools and Parents Talking

When parents and schools disagree, mediation can be an effective way to reach a mutually acceptable resolution. A mediator does not judge or make a decision, but instead helps the parties find their own common ground. Mediation is not a substitute for legal help, and no legal advice is given. Participants retain their rights to due process hearings, court action, or filing complaints with appropriate agencies.

Mediators are community volunteers who have received special training and are certified by the Director of the Administrative Office of the Courts. They are experienced in mediation, have received additional training in the issues involved in services to children with disabilities, and are screened to ensure neutrality.

Under the Individuals with Disabilities Education Act (IDEA), issues which can be mediated include identification, evaluation, services, and programs.

Discussions that occur during the mediation process are kept confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings. The law does require, however, that a mediator "must disclose information brought to his/her attention that an elderly person, a person with disabilities or a child under the age of eight has been physically abused or neglected."

Sessions can be scheduled during the day or evening at a location that is convenient for both parties. Special services can be arranged for persons who have communication, mobility, or other disabilities. There is no charge to either party.

Eighty-five percent of those persons completing the mediation process reach an agreement. Of that 85 percent, over 90 percent of those agreements are kept.

To begin the mediation process, either a parent or a school district representative may call the local Early Settlement Center and ask that a mediation session be arranged. For the name and number of your local center, call 877/ 521-6677. Additional information and written guidelines are also available.