Mediation can be an effective way to work to resolve differences and work through disagreements between parties. Mediation means you have a meeting with a neutral third-party person who chairs the meeting.
Mediation can be requested from the state Bureau of Special Education Appeals for a number of reasons. If there is a disagreement:
About eligibility, placement, or implementation of the IEP
About evaluating your child’s or funding an outside evaluations
About your child’s 504 Plan
Between you and the school district regarding your child’s special education needs
Between the PAC and school special education policies or processors
Between any parties
If you rejected your child’s IEP in full or in part
For people who do not write or speak English, or are not comfortable communicating in English, the Department of Elementary and Secondary Education will make appropriate arrangements.
Mediation is voluntary for both the parents and the school. Both parties must agree, in order to have a mediation session. If both parties agree to go mediation, it is worth a try.
Mediation is more informal than a hearing. Attorneys are not needed at mediation and parties speak for themselves—making mediation less intimidating to parents. At a hearing, attorneys are present and speak for the participants.
Mediation is timely in two ways:
It is usually scheduled within 30 calendar days after parents and educators agree to mediate.
A mediation session runs 2-5 hours long, whereas a hearing is 1-3 days.
Mediation generally occurs before a hearing and does not delay the hearing. Parents, support person(s) of the parent(s), special education director, and school staff familiar with the student and/or the district’s relevant programs attend mediation. Sessions take place somewhere within the school district at a mutually convenient date and time.
Mediation is confidential; discussions that occur during the mediation process are not to be used in hearing. There is no audio, video, or any written record of the mediation session other than the written, signed mediation agreement.
The BSEA mediator helps parents and school personnel clarify the issues and underlying concerns, explore interests, discuss options, and reach an agreement.
Mediators do not make decisions about how to resolve the issues. That is left up to the Team (parents, student, and school personnel). If an agreement can be reached, the mediator will put it in writing. Both parties leave with a copy.
Visit the BSEA's website for more information, including a schedule of virtual information sessions.
Parents, guardians, educational surrogate parents, students 18 or older, representatives of the school district, advocates, or attorneys may request mediation.
Contact the Bureau of Special Education Appeals to request mediation services:
Phone: 781-397-4750
Mail: 14 Summer Street, 4th Floor, Malden, MA 02148
Fax: 781-397-4770