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Special Education Services

Mediation Services



Principles of Special Education Mediation

Illinois' mediation service is designed as a means of resolving disagreements regarding special education services, placement and related services to children enrolled in Illinois public schools. Mediation is provided when both parties to a dispute voluntarily agree to participate in the process. Mediation can be requested by both parties without filing for Due Process. Mediation can also be requested after Due Process has been filed. This service is administered and supervised by the Illinois State Board of Education and is provided at no cost to the parties.

In mediation, neither party is asked to abandon basic beliefs about the student's ability but rather the parties are asked to consider alternatives which could be incorporated into the student's program, to be aware of the concerns and problems expressed by the other party and to be realistic about both the student's capabilities and the local district's obligations and resources.

The following rules apply to this mediation service:

  1. Mediation is voluntary and requires consensus by both parties to participate in the process;
  2. Mediation agreements are legally binding and enforceable in any state court of competent jurisdiction or in a district court of the United States. [20 USC Sec 1415(e)(2)(F)];
  3. Mediation cannot be used to deny or delay a due process hearing;
  4. Mediation participants for both parties must include persons who have the authority to act on behalf of the student and local district respectively;
  5. The number of participants shall generally be limited to three persons per party. Participants may include attorneys, advocates, interpreters, and other relevant parties;
  6. The mediator is an impartial third party trained in effective mediation techniques and is knowledgeable in laws and regulations relating to the provision of special education and related services;
  7. The mediator has no authority to enforce or override any action by either party;
  8. The mediator will chair all mediation sessions and assure that they are convened in a timely fashion and held in a location convenient to the parties;
  9. All discussions that occurred during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding;
  10. The parties cannot compel the mediator to appear at any subsequent due process hearing or civil proceeding arising from the dispute;
  11. The only record that will be kept of the mediation session is the result of the mediation session, a listing of participants, the date(s), time(s), and location of the mediation session(s) and a summary of the outcome; and
  12. When a consensus is not forthcoming, the mediator or parties may terminate the mediation.

Resources



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Parties who would like to request mediation services or would like to learn more about the mediation system may contact Sherry Colegrove by e-mail in the Special Education Services Division of the Illinois State Board of Education or by phone at 217/782-5589. Parents may use the toll-free number (866)262-6663.

Parents who wish to request mediation services or to learn more about the mediation system or may contact Sherry Colegrove in the the Special Education Services Division of the Illinois State Board of Education at 217/782-5589.