All school districts received a copy of the model form. As an additional note, mediation is a new requirement under IDEA'97, however, in South Dakota it has been a part of the special education process for many years. Mediation in special education is a process to assist parents and schools in resolving disagreements regarding a student's special education program. Mediation is voluntary, and either party may decline to participate in the process. The process is confidential and encourages open communication in an effort to avoid a hearing.
Mediation is provided at no cost to the parents or school district.
A complaint is a written signed statement by an individual or organization containing a statement that the state education agency or its subgrantee has violate a requirement of federal or state statutes or regulations that apply to a program and a statement of the facts on which the complaint is based. If a parent, other individual or organization believes that a district has violated a federal or state requirement, they may file a complaint. A complaint must be written, signed and submitted to the Office of Special Education. A complaint investigation team is appointed by the Secretary of the Department of Education to investigate the complaint. The team investigates the complaint, through a variety of methods including interviews and review of documentation.