This survey of 50 states and 3 of 10 non-state U.S. jurisdictions concerning state due process procedures focuses mainly on the use of mediation as a form of dispute resolution that offers an alternative to due process hearings in special education. A background section discusses the definition of mediation and the mediation process. Survey findings that are discussed include the prevalence and duration of state mediation systems, timelines, mediators, funding, the involvement of attorneys, number of mediations held for the years 1991 through 1993, and mediation effectiveness. Statistics are provided on the number of mediations held from 1991 through 1993 by state; the percentage of mediations not resulting in agreement; the number of due process hearings requested, held, and appealed for 1991 through 1993; design of systems as one-tiered (single hearing process provided by the state) or two-tiered (local initial hearing with state-level appeal); and timelines in due process systems. Opinions of state personnel favored the use of mediation as an effective mechanism for implementing the procedural safeguards of federal special education statutes, but felt that the opportunity for due process should be kept in place. The paper recommends the compilation of national data on due process procedures, and training of educators in dispute prevention. Appendixes provide a copy of the survey form and a list of state contacts. (ERIC)
Source
National Association of State Directors of Special Education