NCJ Number
100832
Journal
Ohio State Journal on Dispute Resolution Volume: 1 Issue: 1 Dated: (Fall 1985) Pages: 55-98
Date Published
1985
Length
44 pages
Annotation
Case studies examining Massachusetts' and California's use of mediation in resolving disagreements between parents and schools over appropriate placement for the special needs child reveal considerable satisfaction with the mediation process.
Abstract
Provisions of Public Law 94-142, which extended due process safeguards to procedures for identifying and educating children with special needs, are summarized, followed by descriptions of due process systems established by Massachusetts and California to comply with Public Law 94-142, wherein a mediation conference is held before a formal hearing. A case in which a mother wanted the school system to provide physical therapy for her 3-year-old daughter with mild cerebral palsy is used to analyze the mediation process, the role of neutrals, techniques used, role of disputants, and the time involved. Also discussed are the satisfaction of disputants and interest groups, the use of precedent, and policy or systemic changes that have resulted from mediation or due process hearings. Mediation may be particularly successful in special education because an ongoing relationship exists, the disputes do not involve a simple yes or no answer, and disputants have a widespread aversion to a full blown due process hearing. Appendixes contain California's form letter requesting a due process hearing and its official notice of procedural safeguards. 56 footnotes.