Introduction to Special Education Mediation
Special education mediation is a powerful tool available to parents and educators in West Virginia. Under the Individuals with Disabilities Education Improvement Act (IDEA) and WV Policy 2419, mediation must be offered to help resolve disputes regarding the education of students with exceptionalities. This process is voluntary, confidential, and designed to foster collaboration between school systems and families, leading to better outcomes for students.
Why Choose Mediation?
Mediation offers several benefits, making it an attractive option for resolving disagreements:
- Provides a timely opportunity for discussion of differences.
- Empowers parties to resolve their own differences and enhances future relationships.
- Increases satisfaction with the outcome by both parties.
- Unlike the resolution meeting, mediation is confidential.
- Available at no cost to parents and the school district.
What to Expect During Mediation
During mediation, parents and district personnel, with the help of a mediator, can expect to:
- State their concerns.
- Discuss their differences.
- Talk about how the differences can be settled.
- Possibly reach an agreement.
- Receive a written, signed copy of the agreement if reached.
Who Can Request Mediation?
Mediation can be requested by:
- The parent, guardian, or surrogate parent of a student with an exceptionality.
- The student with an exceptionality who has reached the age of majority.
- An attorney representing the parent, student, or district.
- The school district.
How to Request Mediation
To initiate mediation, contact the school district or the West Virginia Department of Education (WVDE). A written request is necessary, and while a form is available on the WVDE website, its use is not mandatory.
The Role of the Mediator
Mediation is conducted by a trained, impartial third party who is knowledgeable in special education law and skilled in problem-solving and interpersonal communication. The mediator is not an employee of the WVDE or the school district, ensuring impartiality. Mediators are assigned from a list of qualified individuals on a rotational basis.
Understanding the Mediation Process
Mediation is an informal, voluntary, and confidential process where a mediator facilitates problem-solving discussions between parents and the school system. Mediators assist in resolving disputes regarding proposals or refusals to initiate or change the identification, evaluation, educational placement of the student, and/or the provision of a free appropriate public education (FAPE). Importantly, mediators do not make decisions for the parties involved.
Is Mediation Required?
While the IDEA mandates that mediation be made available, it is not required. However, an optional meeting to encourage mediation can be conducted by a parent agency representative, providing information about the benefits of mediation.
Cost of Mediation
The WVDE covers all costs associated with the mediation process, ensuring that there are no expenses for parents or the school district.
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