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1. Require each public agency to allow parties to resolve disputes regarding any matter through a mediation process.

Each public agency must ensure that procedures are established and implemented to allow parties to disputes involving any matter under 34 CFR Part 300, including matters arising prior to the filing of a due process complaint, to resolve disputes through a mediation process.
[34 CFR 300.506(a)] [20 U.S.C. 1415(e)(1)]

The procedures must ensure that the mediation process:
  • Is voluntary on the part of the parties;
  • Is not used to deny or delay a parent's right to a hearing on the parent's due process complaint, or to deny any other rights afforded under Part B of the Act; and
  • Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
[34 CFR 300.506(b)(1)] [20 U.S.C. 1415(e)(2)(A)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. In your experience, what is required in mediation?

  2. What benefits might accrue from using mediation?

  3. Are there any drawbacks to using mediation, and if so, how might they impact the process?

  4. Based on local data, has capacity and capability for providing mediation matched the demand?

  5. Based on data for your state, has mediation been successful in the past?

Application Questions

  1. What types of information strategies might the LEA/SEA use to inform parents and staff about mediation and its benefits?

  2. What procedures and practices are necessary for states to accurately address mediation requirements?

  3. What conditions and practices promote successful mediation and resolution of differences between schools and families?

  4. What types of strategies might the LEA/SEA use to educate parents and staff to effectively participate in mediation?

  5. What types of training might districts incorporate to ensure that school personnel understand the process for mediation?

    These questions were developed by the following stakeholders working together:

    Role: Teacher
    Location: West Virginia

    Role: Family Member
    Location: New Jersey

    Role: General Education Administrator
    Location: California

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: Illinois

    Role: Special Education Administrator
    Location: Kentucky

    Role: TA Provider
    Location: Oregon