Mediation and Alternative Dispute Resolution

A parent or representative may ask the school district to resolve disputes through mediation or alternative dispute resolution (ADR), which is less adversarial than a due process hearing. ADR and mediation are voluntary methods of resolving a dispute and may not be used to delay your right to a due process hearing.

The parents and the school district must agree to try mediation before mediation is attempted. A mediator is a person who is trained in strategies that help people come to agreement over difficult issues. (20 USC 1415[e]; EC 56500.3)

Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is a process that incorporates mediation by trained mediators either through the Special Education Hearing Office at McGeorge School of Law or by California Department of Education (CDE) trained district or Special Education Local Plan Area (SELPA) staff.

Districts often use mediation panels comprised of trained parents and staff as well as trained mediators from the SELPAs that assist their districts with this process. There are several SELPAs and districts in California which have grants from the Special Education Division to serve as training sites for other districts to learn an ADR process.

Prehearing Mediation Conference
 A prehearing mediation conference can be requested by the parents or the local school district by sending a written request to the California Superintendent of Public Instruction and providing a copy to the other party. A person trained in alternate dispute resolution will be made available at no cost to either party within 15 days after the request is received by the State Superintendent. The prehearing mediation conference must be completed within 30 days unless both parties agree to extend the time for mediation. Please note: it is the intent of the legislature that these conferences will be informal and nonadversarial; therefore, no attorneys or independent contractors used to provide legal advocacy services can attend the prehearing mediation conferences.

Both parents and schools may request a mediation conference by submitting a written request to the Special Education Hearing Office via mail to, 3200 Fifth Avenue, Sacramento, CA 95817, or facsimile to 916.739.7066. The request should provide as complete information as possible. Included should be:

  • the name of the child
  • the date of birth of the child
  • the child's grade level
  • the address where the child resides
  • the school district where the child attends
  • the school district where the child resides
  • the parent or guardian's name, address, and telephone number
  • any other school district or public agency that is responsible for providing
  • services that should be a party in the mediation
  • a brief explanation of why the mediation conference is being requested, and
  • a proposed resolution of the problem.

The party should make it clear that he/she is asking for a prehearing request mediation.

Complaint Resolution
When a complaint alleges that there has been a failure to implement a federal or state special education or disability discrimination law or regulation by a public education agency (district, SELPA, county office etc.), the complaint resolution process is available to investigate the situation. The complaint process is available for any student or group of students who, because of disability, need special education and/or related aids and services. A complaint can be filed by anyone. The complaint must be in writing and should describe the problem and include all the information needed to support the allegation or complaint.

The Procedural Safeguards Referral Service (PSRS) is available to assist and to answer questions by telephone at 1.800.926.0648 from Monday through Friday, 9:00 a.m. to 4:00 p.m. When the written complaint is received by the California Department of Education, the PSRS staff delineates the violations and forwards the package to the Complaints Management and Mediation Unit for investigation. If a violation is substantiated, corrective actions are written and the district is required to satisfy the compensatory requirements. If the complainant is not satisfied with the outcome of the investigation, they may file a request for reconsideration with the State Superintendent of Public Instruction.

Under most circumstances, the complaint may be resolved at the local level. Within the 60 day timeline from initial filing to the investigation report, the first ten days may be used by the local district to resolve the issues and achieve completion to the satisfaction of the complainant. Fast Track Reports require the same components as a comprehensive compliance report, except the report can be accomplished in two pages. This requires that the Fast Track responds to limited number of allegations and the evidence must clearly reflect the compliance or noncompliance of the district that can be clearly presented in the two-page format.

Local Intervention
 The public education agency and parent can meet informally to resolve issues. Parents are encouraged to utilize local systems to resolve concerns. Each district in this SELPA has a person designated to work with special education issues. Contact the SELPA Director at 661.636.4802 or at dajehnsen@kern.org for more information.

RESOURCES

OTHER RELATED SELPA RESOURCES


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