Mediation
General Information
Mediation is an informal dispute resolution process required by IDEA whereby the parents/guardians and MCPS staff members attempt to resolve their differences with the assistance of a neutral mediator assigned by the Maryland Office of Administrative Hearings. Mediators are trained in the process of mediation. Mediation is voluntary and requires both the parent and MCPS agreement to participate. Mediation sessions are confidential and not open to the public. Discussions that occurs during mediation may not be used in any subsequent due process hearing or civil proceeding. Mediation sessions must be held within 20 days of the date that a request is received by MCPS unless the party filing the request agrees to a longer time period.
Mediation offers many benefits in that it empowers the parties to design the specific terms of each particular resolution, helps preserve ongoing relationships between schools and families, has a high rate of compliance, and produces immediately implementable resolutions. If the parties reach a complete or partial agreement at the mediation session, the mediator commits the agreement to writing and requests that the parent and an authorized MCPS representative sign. A signed mediation agreement is binding on both parties and is legally enforceable in any state court of competent jurisdiction or in a district court of the United States.
Forms used to complete a request for mediation may be found on the MSDE Family Support & Dispute Resolution Branch website.
When Schools are Required to Provide Information on Mediation
If, during an individualized education program team meeting, a parent disagrees with the child's individualized education program or the special education services provided to the child, the individualized education program team shall provide the parent with, in plain language:
An oral and a written explanation of the parent's right to request mediation;
Contact information, including a telephone number that a parent may use to receive more information about the mediation process; and
Information regarding pro bono representation and other free or low-cost legal and related services available in the area.
Parents/guardians may request that information about mediation be translated into the parents’/guardians native language. If the native language spoken by the parents/guardians is spoken by more than one percent of the student population in the local school system, the IEP team shall provide the parent/guardian with the translated document within 30-calendar-days after the date of the request. The notice of procedural safeguards, which is already required under the IDEA to be translated into the parents’/guardians’ native language, also includes information about mediation.
MSDE has translated the mediation complaint form into several languages, which can be found on the Family Support & DIspute Resolution Branch website.
Legal Authority:
Md. Code Ann., Educ. § 8-405; 34 C.F.R. 300.506