A new requirement of the 1997 Amendments to IDEA is for states to make mediation available as an option to resolve disputes between school representatives and families. Fortunately, a group of stakeholders has been meeting for nearly two years to develop a mediation process for Kansas.

Mediation is voluntary, and both parties must agree to mediation. The costs of mediation are paid by the Kansas State Department of Education. Mediation is different from due process in that the mediator does not make a ruling. Instead, the mediator serves as a facilitator to help both parties reach consensus and write an agreement.

Mediation is more informal than due process. All discussions must be kept confidential and may not be used as evidence later in a due process hearing or civil proceeding. Typically, mediation is concluded in a relatively brief period of time, perhaps in one or two sessions. In any event, mediation may not be used to delay or deny a parent's right to due process. The new law lists at least six types of disputes where mediation might be considered: identification, evaluation, placement, provision of a free appropriate public education, when due process is requested, or when an alternative education setting is being considered. Mediators may not be employees of the state or local school districts, members of the state or local boards, or have a real or perceived conflict of interest. Mediators must be able to serve in an impartial role.

Anyone interested in becoming trained as a mediator may contact Marnie Campbell at 785-296-1944. Until January 1, 1998, Marnie will be the Mediation Coordinator for Student Support Services, and would also be the contact person for school representatives and parents to call if they agree that they want mediation.

Submitted by Marnie Campbell

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