Five Key Ideas - Dispute Resolution in Special Education: IEP Facilitation, Mediation…

Key Idea #1

• IEP Facilitation is when all parties of an IEP meeting can elect to have a third, neutral party present to move through an impasse.

Facilitator Role

• The facilitator's role is to create an atmosphere for fair communication and the successful drafting of an IEP for the student.
• Helps the IEP focus on students needs
• May Assist in generating "ground roles"

Benefits of Facilitator

• Builds and improves relationships.
• Provides opportunities for IEP team to resolve conflicts
• Supports full participation from all IEP team members
• Encourages new options

Key Idea #2

• When parents and district staff can't come to an agreement on a student's special education program, they can pursue mediation which is a free, voluntary, and confidential alternative to a formal due process hearing

Mediation

• Mediation is provided at no cost for IDEA-related cases. The mediator will meet with both parties together (and separately if necessary) to listen to both points of view, in order to understand each side’s position.
• 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 parties together (and separately if necessary) to listen to both points of view, in order to understand each side’s position.

Key Idea #3

• The Office for Dispute Resolution offers two types of mediation: facilitative and evaluative.

Facilitaive Mediation

• The mediator will facilitate discussion between the parent and school about differing viewpoints.
• the mediator guides the parties to common ground without interjecting evaluative feedback.
• A facilitative mediator does not offer any opinion about the strength or weakness of either party’s position.

Evaluative Mediation

• An evaluative mediation can be thought of as a facilitative mediation “with a reality check.”
• the evaluative mediator is a neutral, special education expert, who uses educational and legal knowledge and experience to examine, with the parties, potential outcomes, with the ultimate goal of facilitating a collaborative agreement.

Evaluative Mediation

• The evaluative mediator starts with facilitative mediation techniques and when parties get off track or stuck on a particular item, the evaluative mediator may step in to ask directive questions and offer feedback and suggestions for the parties’ consideration. Evaluative mediators might also brainstorm about potential outcomes of the issues and talk about what a hearing officer might be likely to decide.
• Evaluative mediators might also brainstorm about potential outcomes of the issues and talk about what a hearing officer might be likely to decide.

Key Idea #4

• Resolution meetings are mandated by IDEA for due process requests initiated by parents.

Resolution Meetings

• 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.
• The law states that the first 30 days after a parent requests due process is considered a resolution period.

Key Idea #5

• A due process hearing is like a courtroom trial for you and the school.

Due PRocess

• During the hearing, you can call witnesses, give evidence, and make legal arguments.
• A trained, impartial hearing officer acts as a judge and makes a decision about the case.
• The hearing will probably be in a school conference room and last one or two days. The hearing is private, but you have the right—if you want—to open it to the public.
• The hearing is private, but you have the right—if you want—to open it to the public.