We applaud Matthew Falconer's coverage of the developments in special education resulting from the 1997 amendments to the Individuals with Disabilities Act. Along with the principles of appropriate testing, least restrictive environment and parent and student participation in decision making, the amendment introduced special education mediation as a formal step within the due process proceedings. Mediation is a voluntary option, where all interested parties meet together with a third-party neutral who helps them clarify the issues, hear each other's interests, explore options for solutions and reach agreements that meet the needs of all involved. Either the parent or the school district may request mediation. Participation in mediation does not deny the option of an impartial hearing at any time.
Mediated agreements are binding and amend the Individual Education Plan.
Mediation can usually be scheduled within 15 days. Hearings require 45 days. The Board of Education appoints hearing officers. In mediation the parties must all agree, whereas in a hearing, decisions are rendered by the hearing officer. Hearings are usually held at school and a complete record of the meeting is kept.