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Unlocking the Power of Special Education Mediation in Colorado

Unlocking the Power of Special Education Mediation in Colorado

Special education mediation is a valuable tool for resolving disputes between parents and school staff regarding special education services. In Colorado, the Colorado Department of Education (CDE) provides resources and guidance to help parents, school districts, and other interested parties navigate this process. Here's what you need to know about special education mediation in Colorado.

What is Special Education Mediation?

Special education mediation is a voluntary dispute resolution process where parents and school staff work together with the help of a mediator to resolve disagreements about special education. This process encourages collaboration and focuses on the best interests of the student.

Benefits of Mediation

Who Can Request Mediation?

The parent of a student who may be eligible for or is receiving special education services or a Special Education Director can request mediation. To request mediation, contact the CDE Mediation Coordinator by phone (720-237-1610) or complete a mediation request form.

When Can Mediation Be Requested?

Mediation can be requested anytime there is a dispute about special education for a student who may be eligible for or is receiving special education services. The CDE encourages parties to consider mediation as soon as a disagreement arises. Mediation cannot be used to deny or delay a parent's right to a due process hearing.

Concerns Discussed in Mediation

Mediation can address disagreements concerning:

What Happens After Requesting Mediation?

Once a mediation request is received, the Mediation Coordinator contacts the other party to ask if they agree to participate. Both parties must agree for mediation to proceed. If the other party does not agree, the requesting party will be notified, and other dispute resolution options remain available.

Who Decides the Outcome?

The parties involved decide the outcome of the mediation based on the options discussed during the session.

Cost of Mediation

Mediation is free. The CDE provides a mediator at no cost, but parties are responsible for any attorney fees if they choose to have legal representation.

Scheduling Mediation

Once both parties agree to mediate, a mediator will contact them to schedule a date. Mediation typically occurs within 30 calendar days of the request. It can be held in a neutral location or online through platforms like Zoom.

Need an Interpreter?

If an interpreter is needed, contact the CDE Mediation Coordinator at 720-237-1610. An interpreter will be provided at no cost.

Who Are the Mediators?

Mediators are independent contractors assigned on a rotational basis. They are trained in effective mediation techniques and knowledgeable about special education law. Mediators remain impartial and do not offer legal advice or share information disclosed during mediation.

How Can a Mediator Help?

A mediator can assist by:

Who Can Attend Mediation?

Attendees can include:

Generally, smaller groups lead to more effective communication. The district should consider bringing an attorney only if the parents do.

Mediation Process

The mediation process includes:

Settlement Agreement Terms

Typically include:

Post-Agreement Actions

Terms are implemented, and the IEP is revised if necessary. All information learned during mediation is confidential. The mediator destroys all records, and nothing about the content is shared with third parties.

Appeal Process

A written settlement agreement is legally binding. If terms are not met, enforcement can be sought in state or federal court. Unresolved issues can be addressed through other dispute resolution options.

For more information, please follow this link.

Marnee Brick, President, TinyEYE Therapy Services

Author's Note: Marnee Brick, TinyEYE President, and her team collaborate to create our blogs. They share their insights and expertise in the field of Speech-Language Pathology, Online Therapy Services and Academic Research.

Connect with Marnee on LinkedIn to stay updated on the latest in Speech-Language Pathology and Online Therapy Services.

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