CADRE Resources

Texas Education Agency Special Education Mediation Program Scores High

96% of Parents and School District Personnel Who Used TEA Special Education Mediation Would Do So Again

Austin- The overwhelming majority of parents and school district staff participating in the Texas Education Agency's (TEA) Special Education Mediation Program found it to be highly effective, expressed strong satisfaction with the process, and were willing to use the mediation services again or recommend it to others according to a survey of results which looked at 603 surveys over a two year period of time (1998-2000).

The mediation program, launched in August 1992, aims to reduce the amount of time and money spent in resolving special education disputes. This program offers an alternative to costly due process hearings, while encouraging positive, cooperative relationships among school districts and parents of students with disabilities. Rather than attempting to resolve the dispute through the formal Due Process Hearing (DPH) legal proceedings, mediation relies on an informal process to help the parties reach a mutually agreeable solution.

The reauthorization of the Individual with Disabilities Education Act (IDEA) passed by Congress in 1997 However, the Agency realized the benefits of early non-adversarial interventions long before the federal requirement. Since 1986, the Agency has been providing mediation as a voluntary service to assist parents of students with disabilities and school districts when there is a disagreement about special education services. In the past 15 years, Texas has seen an almost ten-fold increase in the number of special education due process hearings requested from 49 in 1986 to 420 in 1999. Over the years, hundreds of individuals have been introduced to the Special Education Mediation Program through conferences, parent training sessions, publications, and contacting the Agency's Special Education toll-free hotline.

The Agency provides trained mediators to conduct mediations at a place convenient for both the parent and the school district staff, usually at the school district. The mediators are professionals with a variety of backgrounds, including special education, law, government, and human services. They have extensive experience and are skilled in mediating difficult issues, such as those that arise in special education matters. Additionally, the Agency provides continuing education opportunities to the mediators on current special education legal and policy issues.

In the past eight years, the Agency has received a total of 3,637 referrals for special education mediation, and conducted 1,108 mediation sessions. Settlements were agreed to in 77% (850) of the cases. This amounts to an estimated savings of $50 million dollars in attorneys fees and related expenses. Imagine the cost savings alone. The Agency may spend about $1,000 on the average for a mediator s services, whereas the Agency may spend about $9,000 for the due process hearing officer s services. In addition, the school district incurs significant additional costs for the hearing activities as does the parent. We can measure the savings in money, time, and resources. However, maintaining and building the relationships between schools and families is immeasurable and proves to outweigh and outlast the savings gained in dollar amounts.

What are the participants saying? According to the report, 91% of the participants (parents and district staff) indicated that they were satisfied with the mediation process. Participants, regardless of their satisfaction with the outcome of mediation, overwhelmingly indicated their willingness to either use mediation again and or recommend it to others. The high percentage of participants who are willing to return to mediation indicates that the Agency operates a viable alternative that is perceived as a fair, neutral process. Overall, participant feedback regarding the Agency s special education mediation program indicates that the program is clearly acceptable to the respondents who participated in completing evaluations after the mediation sessions. The results are significant, and spell out a win-win situation for all involved on behalf of the student.

For more information contact:

Susan Sellars, Program Administrator
Texas Education Agency
SSellars@tea.state.tx.us