Facilitation, Mediation, and Resolution

Facilitation

• IEP facilitation is a voluntary process that can be used when all parties to an IEP meeting agree that the presence of a neutral third party would help facilitate communication and the successful drafting of the student’s IEP.

continued...

• This person recognizes and clarifies agreements and disagreements between IEP members.
• The person who is designated to be the facilitator is not to take sides regarding the student and their IEP nor is apart of the IEP team.

continued..

• An IEP facilitator is a beneficial way to create an agreed upon IEP. Helps members felt heard, and builds trust between members. This is also much less costly than due process.
• This process is not necessary for all IEPs, but is much less costly and less formal than DUE PROCESS

Mediation

• Even when we try to come to an agreement for a student's IEP, sometimes there are disagreements.
• If this happens, mediation, which is a free, voluntary, and confidential alternative to a formal due process hearing, is an option.
• This may happen before or during Due Process.

continued..

• If both parties agree to mediation, the Office for Dispute Resolution will arrange for a neutral, specially trained mediator to meet with them at a mutually convenient location.
• The mediator will meet with both the parents and school together (and separately if necessary) to listen to both points of view, in order to understand each side’s concerns and positions. Neither school officials nor parents/guardian may include a lawyer at the mediation session.

Resolution

• Resolution meetings are mandated by IDEA for due process requests initiated by parents.
• The purpose of the resolution meeting is for the parents to discuss the due process complaint and supporting facts so that the school district personnel have the op­portunity to resolve the dispute prior to going to due process.

continued...

• This type of meeting gives the school personnel the opportunity to work together with the parent to resolve the conflict prior to going to due process.