 |
 |
 |
 |
||
 |
 |
 |
|
||
 |
|
||||
 |
 |
|
|||
 |
|
||||
 |
|
||||
| |
|
|
|
||
| |
|
|
|
||
| |
|
||||
| |
|
|
|||
| |
|
||||
| |
|
||||
Mediation in Special Education in Washington State
Parents and School Systems Working Together
Dr. Terry Bergeson
State Superintendent of Public InstructionRevised February 1998
Office of State Superintendent of Public Instruction
Special Education
P O Box 47200
Olympia, WA 98504-7200
(360) 753-6733
When parents and school personnel disagree about the educational program for a student with disabilities, either party may request a mediation. Mediation is voluntary for both parents and districts. Mediation sessions are completely confidential and are available statewide at no charge to parents or school districts.
Mediation can help parents and school personnel resolve their education disagreements. Washington's Special Education Mediation and Training Program is funded by the Office of Superintendent of Public Instruction (OSPI) and administered by Sound Options Mediation and Training Group, L.L.C.
Mediation is a form of dispute resolution in which a trained, impartial mediator assists disputing parties in a collaborative problem-solving process. Mediators help parents and school personnel resolve conflicts, clarify issues, and develop mutually acceptable agreements to best meet the educational program of the student. A mediation session is more structured than a parent' school conference but less formal than a due process hearing.
Mediation in special education can:
- Resolve disagreements concerning identification, evaluation, or education placement of a student. Provide participants with uninterrupted opportunities to present their point of view. Encourage mutual problem-solving efforts. Promote positive working relationships between parents and school personnel.
- Help parents and school personnel focus on what they have in common -- the student's needs -- rather than on issues that divide them.
During the mediation, the mediator provides both parties the opportunity to present their view of the conflict. The mediator does not make decisions or settle the dispute. The mediator helps the parties develop solutions which they believe are best for the student. The agreements reached by the parties are documented in writing and signed by all parties. A signed, original settlement agreement is retained by each party, with one copy on file with Sound Options Mediation. Access to the mediation agreement files is restricted to the disputants to the mediation.
At the conclusion of the mediation, the parties are encouraged to convene an IEP meeting to incorporate the mediation agreement into the IEP.
If it becomes evident that an agreement cannot be reached, the mediator terminates the session. Mediation is a confidential process. At the conclusion of the mediation, all mediator notes are destroyed. Mediators will not willingly testify in any future legal proceedings regarding the dispute.
Is Mediation Required?
No. Federal regulations and the OSPI Special Education section recognize the value of mediation as a conflict resolution procedure or as an alternative to a due process hearing. Mediation is voluntary for both parents and school districts. Your decision to participate or to not participate in mediation does not restrict future legal action you may take. The purposes of mediation are to:
- Increase the opportunity for positive and productive communication between parents of students with disabilities and local school districts.
- Establish a legitimate alternative to due process hearings.
- Encourage mutual problem-solving efforts.
- Decrease the costs associated with special education litigation.
Mediation services may be requested by either a parent/legal guardian/education surrogate parent or school district personnel by calling the program administrator:
Sound Options Mediation and Training Group L.L.C.
197 Parfitt Way, Suite 220
Bainbridge Island, WA 98110
(206) 842-2298
Toll free: (800) 692-2540 or (800) 833-6384
TTY: (800) 633-6388How Does the Mediation Process Work?
After gathering pertinent information from the caller, the intake coordinator will call the other party to determine willingness to mediate. If both parties are willing, the mediation will be scheduled at a mutually convenient date, time, and location. Written confirmation will be provided, and a mediator will be assigned to the case.
Generally, a mediation session will be scheduled to occur within 14 calendar days of the request for mediation.
A mediation can take up to a full day, depending on the complexity of the issues. It is essential that participants set aside a full day for completion of the mediation. You are encouraged to bring a lunch or snack.
During the mediation, the mediator provides both parties the opportunity to present their view of the conflict. The mediator does not make decisions or settle the dispute. The mediator helps the parties develop solutions which they believe are best for the student.
Who Participates in the Mediation?
The parties to the dispute are typically the parent(s) (or legal guardian or educational surrogate parent) and representatives of the school district. Participants must have the authority to make decisions for the child and to commit any resources which are agreed upon in the mediation. Additional participants may be those who have knowledge of the child and the child's needs or who have specialized knowledge of the issues in dispute. Only those persons agreed to by the parties will be allowed to participate in the mediation. It is helpful to keep the number of participants to a minimum. State policy prohibits the involvement of attorneys, paralegals, or employees of attorneys in all special education mediations under this contract. This policy does not prohibit parents who are attorneys from participating in the mediation process on behalf of their own children. Parents and districts may caucus during mediation and check settlement agreements with their attorney by phone or fax.
Special education mediation services are available at no charge to parents and school districts. Funding through OSPI covers the cost of mediator fees, administration, materials, training, travel, per diem, and communication.
Mediations are available statewide at locations which are mutually agreeable to the parties. Potential meeting places include schools, school district offices, and libraries.
In Washington, 21 persons are currently trained as special education mediators. All mediators in the program have:
- Received training in state and federal laws and regulations related to the education of students with disabilities.
- Experience and training in conflict resolution, problem solving and communication for the effective resolution of educational disputes.
Mediators are assigned in consideration of the issues in dispute, special needs (e.g., language), geographic proximity, and the need to assure objectivity and neutrality.
What Happens to the Child During Mediation?
Unless the parent and school district agree otherwise, the child involved in the dispute remains in the educational program in which s/he is enrolled at the time of the request to mediate.
What about the due process hearing?
Mediation is a voluntary, optional alternative to a due process hearing. Mediation may occur prior to or concurrent with a request for a due process hearing. Participation in mediation does not interfere with either the right to a due process hearing or with due process timelines.
What About Investigations by the Office for Civil Rights?
It is the policy of the Office for Civil Rights (OCR) not to proceed with or continue an investigation when complaint allegations are being investigated or addressed through a state agency or school district internal grievance procedure, including mediation and due process proceedings. Complainants may reactivate an OCR investigation if requested within 60 days of the completion of the mediation.
Is Mediation Available for All Educational Disputes?
Currently, mediation is available through OSPI only for special education disputes. Mediation for other educational disputes is available through community dispute resolution centers (DRCs) and private mediators.
How Do I Prepare for a Mediation?
- Recognize that mediation requires the good faith effort of the parties in order to reach mutually satisfactory agreements.
- Durable resolutions are reached through the give-and-take of ideas and offers.
- Focus on the child's needs. Finding fault, fixing blame, and making accusations sidetrack the mediation process.
- Clearly outline your position or view related to the dispute: What's involved? What do you disagree about? What would you like to see happen?
- Determine what you want from or are proposing to the other party.
- Develop a list of alternatives or options that could be offered to settle the dispute. What is most important? Next important?
- Consider solutions that may be both short-term or long-range. Perhaps some issues could be addressed on a short-term basis, with an agreement to meet again to evaluate the situation. Maybe a longer period is needed to decide if the solution is workable. Some solutions may need to be modified after they have been tested.
- Ask others to review your position, your objectives, and the possible solutions you have identified.
- If you believe it will be difficult to participate in the mediation by yourself, you may wish an advisor to accompany you. Note: The advisor must understand that mediation is a problem-solving process, not an adversarial procedure or an opportunity for discovery. (See page 4 regarding attorney participation.)
- Mediation has the power to turn adversaries into allies. Negotiate with the attitude that you are building trust through small steps. It is advisable to start with a plan that looks successful (though it may not be your first choice) and then later modify or "fine tune" it.
What Are the Roles of the Parties In a Mediation?
The mediator is a neutral/impartial third party who assists parties in resolving their dispute. The mediator has no authority to make a decision or settle a case. The mediator facilitates a process which is fair, in which the parties will feel safe, and in which the parties will be heard.
The mediator:
- Explains his/her role as a voluntary facilitator, follows professional standards of confidentiality, and will not willingly testify in future legal proceedings of this dispute.
- Sets aside the entire day for mediation.
- Helps identify issues to be mediated.
- Seeks uninterrupted statements from each party as to their position or points of disagreement, requesting clarification if needed.
- Emphasizes areas of agreement and helps the parties focus on the present and future aspects of the case.
- Meets separately in confidential sessions with each party.
- Helps the parties generate options and identify solutions which best meet the educational needs of the child with disabilities.
The parents or legal guardians or educational surrogate parents:
- Approach the mediation in good faith, with the intention of reaching an agreement.
- Set aside the entire day for the mediation.
- Present their view, including all pertinent information.
- Meet separately with the mediator during the confidential session.
- Ask for clarification whenever the material or discussion is not understood.
- Consider all aspects of the school district's requests.
- Actively participate in the session and in designing the mediation agreement.
- If necessary, bring to the session an advisor.
The school or school district:
- Approaches the mediation in good faith, with the intention of reaching an agreement.
- Sets aside the entire day for the mediation.
- Presents its view, including all pertinent information.
- Meets separately with the mediator during the confidential session.
- Asks for clarification whenever the material or discussion is not understood.
- Considers all aspects of the parent's request.
- Actively participates in the session and in designing the mediation agreement.
Washington State Office of Superintendent of Public Instruction:
- Contracts with Sound Options Mediation and Training Group, L.L.C. to administer the statewide special education mediation program.
- Evaluates and monitors the effectiveness of the program.
- Provides the mediator's fee, travel and per diem expenses, the cost of mediator training inservice, and the cost of program administration.
- Promotes statewide awareness of the special education mediation program.
- Provides informational materials to parents, guardians, educators, advocates, and others interested in special education mediation.
Sound Options Mediation and Training Group, L.L.C.:
- Promotes statewide awareness of the special education mediation program.
- Provides informational materials to parents, guardians, educators, advocates, and others interested in special education mediation.
- Provides mediation intake, scheduling, assignment of mediators, and evaluation.
- Provides training in conflict resolution (including mediation) to parents, guardians, and educators.
- Provides data in the form of quarterly and annual reports to OSPI to facilitate program evaluation.
- Go to Sample Agreement to Mediate
- Go to Sample Confirmation Letter from Sound Options
- Go to Mediation Agreement
This article is in the public domain and can be freely copied and used in trainings as handouts at parent and community meetings, and in creating your school or district programs. (Please cite all sources of materials you use.)
This information is provided by:
Office of State Superintendent of Public Instruction
Special Education
P O Box 47200
Olympia, WA 98504-7200
(360) 725-6088
Fax (360)586-1631
E-mail: dgill@ospi.wednet.edu
You
are here: