My agency is reviewing procedures for how an SEA evaluates mediators associated with resolving special education disputes. Some examples of evaluation methods used by the New Mexico Public Education Department are: (1) evaluation forms filled out by the parties (following a mediation session); or (2) the SEA directly receives complaints about the mediator. Does anyone use other means to evaluate special education mediators?
If the SEA accepts the responsibility for enforcing mediation agreements and an agreement calls for attorney fees, can a parent file a state complaint to enforce an agreement to pay attorney fees?
Do any of your states permit mediation to be used to address the issue of attorney fees? 34 CFR 300.506 provides that mediation may involve any matters under this part. And while attorney fees are mentioned in Part B, 34 CFR 300.517 would appear to reserve that issue to the courts. While our hearing officers do not address attorney fees in hearings, our state has permitted mediators to address the issue. However, I don’t think they should and think we should change that. Looking for support or information from other states.
We have very few, if any, parents requesting mediation before filing a formal complaint or due process request. I think it is because the schools always bring attorneys which can be intimidating and lopsided for an unrepresented parent, even with an advocate. Do any states have rules that prohibit schools from bringing attorneys to mediation and if so, what are the parameters? I was thinking of doing something like the resolution provisions where the school cannot bring counsel if the parent does not have counsel in attendance……………..
If parties in a mediation reach agreement, or are close to reaching agreement, but don’t actually sign a written settlement agreement until a few days after the mediation session, would you count this as “agreement” or “impasse” for OSEP reporting purposes?