The mediator is key to the process and is usually appointed by the state department of education or another state agency. High-level writing skills are necessary to record each step needed in the remedy. When mediation is not a state provision or when an agreement cannot be reached, procedural due process is usually the next step. Due process is very different from mediation. The costs of time, money, and emotional stress are greater.
All decisions are the responsibility of the hearing officer.
The report is written solely by the person conducting the hearing, and all aspects of the findings must be followed unless one of the parties appeals to the next highest level. The most common point of appeal is the chief state school officer or a person designated within the department of education. The provisions for due process pertaining to gifted children vary from state to state. Variations appear in the level of the initial hearing, the selection and training of the hearing officers, jurisdiction, and the route of appeal. Unfortunately, when conflicts cannot be resolved through negotiation, mediation, or due process, the next step is the courts, either state or federal, depending on the focus of the issue.