Mediation and due process

Mediation and due process are implemented in order to discuss differences between parents and public agencies staff members (school systems) and get into an agreement that will benefit both parties, in a mediation process both parties get prepared to explain their own opinion, and try to find a positive solution to the issues exposed, there will be a mediator, someone who can not take sides, has to be very neutral and objective, the mediator is there to help both parties reach into a positive agreement and solutions and record a written signed document. Mediation has to be voluntary between parents and school members, in this case Special education teachers, administrators, and school facilitator. The state bears with the cost of this process and each session must be scheduled ahead of time so it will benefit both parties. It is very important to mention that a mediator can not be anyone who is part of the school district involved in the case or care of the child.

Mediation is an approach to resolving disputes between parents and schools systems, Parents and school members are highly encouraged to be respectful and be able to communicate openly their differences and finally come into an agreement. If an agreement is not possible, then parents can apply for a due process hearing.

As a future principal, I could schedule a meeting with parents first to “hear” them out, I believe that sometimes just letting them “vent” will make a big difference. Once they explained their problem, I should very calmly acknowledge their feelings and let them know that if would be a parent, I may feel the same. The tough part could be explaining them why some things are this way or why a policy is in place and can not be changed. I think it is all about how you say things. Also, if the problem involves a specific teacher, I will have that person involved in the conference as well at some point in time. Always try to find a positive solution before we get to the point of a mediation process or a complaint.

On the other hand, due process will be a letter or a written complaint filed by the parents or an organization on matters of conflict, and it will be related to the evaluation, identification, or educational plan for the child. Sometimes it can be about the provision of a free appropriate public education to the child. These complaints must be written, signed and include a statement that a public agency has violated a requirement of part B of IDEA that occurred not more than two years before the date parents knew about the alleged action that forms the basis of the complaint, as well as other facts upon the statement is based. Attorneys will be involved on this process, and they will have to provide a copy of the written document to both parties involved. As a future principal this is a process that could be avoided if during a mediation all members involved could reach into a positive agreement that satisfies both parties, it will be the best for the sake of the school and its members. Having to deal with lawyers, and hearings can be a headache for school administrators, and teachers, so it will be beneficial to get into a solution during a mediation or a meeting with administrators or the principal, before reaching this point. As with mediation, parents are looking for a solution that will benefit their child or a disagreement for the child unique educational plan, but with the help of attorneys. There is a time limit to file a due process complaint.