What is IDEA and Special Education Mediation?
Answer
The IDEA law (also known as the Individuals With Disabilities Education Act) ensures appropriate, free public education for eligible children with disabilities and provides national and statewide programs that provide special education and related services to those same children.
IDEA began on November 29, 1975, when President Gerald Ford signed the Education for All Handicapped Children Act into law. In the 1970’s, only 1 in 5 children with disabilities was educated, with some states even barring certain disabilities from receiving educational benefits. After the initial law was passed, great effort was undertaken to ensure disabled children would not fall through the cracks.
As of 2023, there were over 8 million children with special needs under the care of IDEA and related programs, accounting for 2 out of 3 disabled children (66%) nationwide.
As part of the IDEA law, Congress has stated:
Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society. Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.
Section 1400 (c) (1)
Congress recently re-committed to IDEA in 2004 (via H.R.1350) and amended IDEA in 2015 via Public Law 114-95, the Every Student Succeeds Act.
IDEA Disputes
- Identification disputes: Determining whether the child is considered eligible as having a disability or eligible for certain benefits.
- Education Placement: Where the child is placed and educated.
- Free Appropriate Public Education (FAPE) Disputes: Disputes arising from FAPE issues and interpretations.
Disputes are started by filing a due-process complaint, and a due process hearing (resolution meeting) must be granted within 15 days. This is typically when the Local Education Agency (LEA) must convene a meeting with the parent and the relevant team (or person) responsible for the child’s Individualized Education Program (IEP).
Mediation is a procedural safeguard under IDEA and is appropriate any time there is a dispute between the family and school regarding IDEA / FAPE and IEP-related issues. A due process complaint doesn’t have to be involved for mediation to take place. Either the parents or school can request mediation, but both parties have to agree to the process.
IDEA and Mediation
Depending on the nature of the dispute, the person with the original complaint can request mediation as a form of resolution (please see the benefits of mediation), and it is often less adversarial than a more formalized and binding due-process hearing or official state complaint. The State governing the child is required by law to cover (pay for) this mediation cost, and the qualified mediator must be chosen at random or on a rotating basis, ensuring impartiality.
Mediators must meet strict requirements to be considered for IDEA dispute resolution.
The Mediator:
- Must be well-trained and qualified in the area of mediation.
- Must know the laws and provisions of IDEA and IDEA disputes as they relate to mediation.
- Must be impartial and not have a conflict of interest with any party involved.
Mediators specializing in Special Education and IDEA disputes often use mediation income to supplement an existing mediation practice, as being selected as a mediator for IDEA disputes can be unpredictable, and the requirements for getting on each state’s roster can differ between states.
How Keiter Mediation Can Help Those Seeking IDEA Special Education Training
Special Education Mediators often complement Divorce Mediation and Custody Mediation, as having experience with families and children with special needs can greatly increase resourcefulness and available opportunities in the mediation field.
At Keiter Mediation, we can help you become a special education mediator, learn how to be listed on your state’s roster, and meet strict IDEA requirements as a professional mediator in order to qualify for State selection in IDEA disputes.
