CADRE Resources

State Mediation Systems - A NASDSE Report

View Summary of Survey Responses.

Purpose

This report is a brief analysis of the results of a survey of State Directors of Special Education on their state mediation systems. It was conducted as a follow-up to previous Project FORUM documents on this topic (Ahearn, 1997, Ahearn, 1994, Schrag, 1996). Responses to selected items of the survey are summarized in the attached table.

Background

Although not required prior to the passage of the 1997 amendments to the Individuals with Disabilities Education Act (IDEA), mediation systems were already in place to assist families and schools in the resolution of disputes in over three-quarters of the states (Ahearn, 1994). Section 1415(e) of IDEA ‘97 now requires state and local education agencies (SEAs, LEAs) to ensure that procedures are established and implemented to allow disputes between parents and schools to be resolved through a mediation process which must be available at least whenever a hearing is requested. Among the specific requirements of this new section are the following:

• The mediation must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
• The state must maintain a list of individuals who are qualified mediators and are knowledgeable in laws and regulations relating to the provision of special education.

• An SEA or LEA may establish procedures to require parents who choose not to use the mediation process to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with a parent training and information center, a community parent center or an appropriate alternative dispute resolution entity which will encourage the use of mediation, and explain the benefits and the process of mediation to parents.
• The state shall bear the cost of the mediation process, including the costs of meetings described above.

It is important to note that the law does not mandate mediation—it requires that mediation be voluntary, and that it not be used to deny or delay a parents right to a due process hearing or any other rights.

Mediation Survey Responses

All fifty states plus two non-state jurisdictions (Palau and the Department of Defense Schools) responded to the mediation survey. Responses are summarized under each of the eight items on the survey.

Item 1 - Date mediation system implemented by the state.

The 52 responses to this item yielded the following pattern of mediation system implementation:

• 6 between 1975 and 1979
• 10 between 1980 and 1985
• 13 between 1986 and 1990, and
• 15 between 1991 and 1996
• 8 no mediation system before 1997

Item 2 - Specific qualifications established for mediators.

A majority of respondents reported that a specific set of qualifications have been established for an individual to serve as a mediator—in only 11 states is this not the case. The most common qualification is the completion of a specified number of training hours in mediation and in special education and related services. The number of training hours required ranges from 16 to 40 hours, with the average being 25 hours. In most states, training is provided by the state’s department of education. The most extensive requirements are in Texas and Kentucky. Texas requires mediators to have 40 hours of training, 2 years of experience, and a masters degree with an emphasis in special education, ed