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:
- Mediation is voluntary and requires consensus
by both parties to participate in the process;
- 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)];
- Mediation cannot be used to deny or
delay a due process hearing;
- Mediation participants
for both parties must include persons who have the authority
to act
on behalf of
the student and
local district respectively;
- The number
of participants shall generally be limited to three persons
per party. Participants
may include
attorneys, advocates, interpreters, and other
relevant
parties;
- 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;
- The mediator has
no authority to enforce or override any action by either
party;
- 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;
- 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;
- The parties
cannot compel the mediator to appear at any subsequent
due process
hearing or civil
proceeding arising
from the dispute;
- 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
- When a consensus
is not forthcoming, the mediator or parties may terminate
the mediation.
Resources
Interim Changes to Due
Process and Disciplinary Procedures under IDEA 2004 
Choosing a Lay
Advocate in Special Education Choosing
an Attorney for Special Education Representation
Special
Education Mediation (47:00)  
This video demonstrates a sample Special Education Mediation session. The program
was produced in 1986. While the program itself is dated, the information presented
is accurate and the procedures are still applicable. You'll need the free RealOne
player to view the video.)
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.
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