Special Education Mediation

Key Points about Mediation:

• A Request for Mediation may be initated by the parent or the public agency. The Request for Mediation form is required.
• The Request for Mediation Form must be faxed, mailed or hand-delivered to the Indiana Department of Education/Office of Legal Affairs. The form may be completed electronically, but it must then be printed and include a handwritten signature.
• The mediation process cannot begin unless both parties agree to participate.
• Mediation is a voluntary and confidential process that provides a trained and impartial mediator  to facilitate discussion between the parent(s) and school to help the parties resolve a disagreement.
• There is no cost to the parent(s) or the school.
• Mediation sessions are scheduled in a timely manner in a location convenient to both parties.
• All discussions that occur in a mediation session are confidential and cannot be used as evidence in a due process hearing or court proceeding.
• Mediation may be requested before or at the same time as a request for a due process hearing.
• If the disagreement is resolved through mediation, the parties must put their agreement in writing in a written agreement.
• The written agreement must be signed by both the parent and the school's representative.
• It must describe the parties' agreement.
• It must state that all discussions that occurred during mediation are confidential and will not be used as evidence in a due process hearing or other civil court proceeding.
• The written agreement is a legally binding agreement that may be enforced through the state complaint process or in federal or state court.

Mediation may be used to resolve:

• A complaint;
• A disagreement from the Case Conference Committee meeting regarding:
• A student's identification or eligibility for services;
• The appropriateness of the evaluation, level of services, or placement;
• Anything else affecting the provision of a free appropriate public education; or
• A disagreement about the schol reimbursing the parent(s) for services obtained by the parent(s) (e.g., private therapy, evaluation, etc.).

The Mediator:

• Works with the parent(s) and school to schedule a convenient date, time, and location for the mediation session;
• Helps the parent(s) and the school identify and talk about the issues causing the disagreement;
• Gives everyone the opportunity to present his or her point of view;
• Helps the parent(s) and school personnel look at whether there are any common grounds or issues on which they might be able to agree;
• Helps the parties communicate and, if possible, reach an agreement; and
• Does not recommend solutions or take sides.

Data Reports: 

Please check out the Frequently Asked Questions section to see if your questions have already been answered.

For questions regarding Special Education Due Process, please contact:
Office of Legal Affairs
Telephone:  (317) 232-6676
Facsimile: (317) 232-0744
Email:  legal@doe.in.gov 
Mailing address: 151 West Ohio Street, Indianapolis, IN 46204