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18 Disp. Resol. Mag. 4 (2011-2012)
Collaborating for Our Children's Future: Mediation of Special Education Disputes

handle is hein.journals/disput18 and id is 122 raw text is: he parents of Lisa, a fifth-grader, believe she should be eligible for special education services due to her learning disability. Her parents have tried to establish her eligibility for two years, but twice the school district has said that Lisa is not eligible for services. Lisa's parents IM eel strongly that eligibility qe e is the only thing that will ensure that the school will be responsible for meeting Lisa's needs. The district special education director says the current effort by Lisa's parents is terribly misplaced and is offended that the care and attention the school has given Lisa's education is going unnoticed. The school psychologist says that Lisa's academic performance is within normal limits for her age and grade. Using the results from recent state tests and teacher reports of daily class work, the district maintains that Lisa does not need special education services. Both the parents and the district are ready to go to a due process hearing on the matter. The mother of Jamie, a fourth-grade student who has mild cerebral palsy and developmental delays, wants Jamie to attend her neighborhood school and be in a regular education class. She is convinced that Jamie learns best when educated with children who do not have disabilities. While Jamie does not have any behavioral problems, her mother is worried that she will develop them. Jamie's mother threatens to file a complaint accusing the district of violating the law. The school district wants Jamie to stay at the district's special education facility, certain that Jamie's current placement is appropriate and that she could not be successful in a regular education classroom. They base this opinion on the severity of her disability and her need for individual attention and instruction. The district also believes that this placement meets the least restrictive environment requirements of the law. The parents and school district of Michael, an 8-year- old who has autism spectrum disorder, are finding it chal- lenging to reach agreement on an educational placement for Michael for the upcoming school year. So far, Michael has gotten all of his education and related services at home. His parents do not feel that he is ready for an education that is not home-based and are worried that he will not be successful if he is mainstreamed with other students. The parents want to continue his one-on-one program at home and do not want to experiment by put- ting Michael in a regular school setting. The school district is concerned that if Michael continues to be educated with one-on-one tutoring at home, he will miss important social learning that can only happen by being with other students. The district believes Michael is now ready to be in school with his peers. Both the parents and special education director agree to go to mediation to resolve the matter. These three situations are all based on real events, and they each resulted in vastly differing outcomes. In Lisa's case, the parents filed a due process complaint that ultimately resulted in a hearing that, for both sides, was costly in financial terms as well as long-term damage to their relationship. Additionally, the school district attorney believes the due process hearing officer's decision was flawed and is contemplating filing an appeal in federal court. The due process experience as a whole - including filing the complaint, working within the rigidity of the timeline, and not collaborating on a final outcome - makes it difficult for Lisa's parents and the 4 SUMMER 2012 DISPUTE RESOLUTION MAGAZINE

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