The Individuals with Disabilities Education Act (IDEA): Mediation Provisions (CRS Report for Congress)
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| Release Date |
Revised Sept. 26, 2006 |
| Report Number |
RL31331 |
| Report Type |
Report |
| Authors |
Nancy Lee Jones, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Mediation is a flexible and informal process in which a third party assists individuals to resolve a conflict. The mediator is trained to facilitate discussions of each participant's issues. The goal is to create an agreement that resolves differences and enhances the relationship between the disputants. The mediator, unlike a judge, does not make decisions regarding the outcome of the matter; rather, the participants make these decisions. The Individuals with Disabilities Education Act, IDEA, 20 U.S.C. §§1400 et seq., requires that mediation is to be voluntary but educational agencies must ensure that procedures are established and implemented to allow parties to a dispute to solve their dispute through mediation. The mediation is to be conducted by a qualified and impartial mediator who is trained in mediation techniques and the cost is to be borne by the state. The state or local educational agency may establish procedures to offer to parents and schools who choose not to use mediation an opportunity to meet with a disinterested party to encourage the use of mediation. IDEA leaves the decision of whether or not to allow attorneys to participate in mediation up to the individual states.
This report discusses the statutory and regulatory requirements of IDEA, judicial decisions, and the concept of mediation as it applies to special education. It will be updated as developments warrant.
