making A Difference: SPECIAL EDUCATION MEDIATION SERVICES

Before Emotions Run High or Discussions Get Tough, We Can Help!

“Good communication between parents and the school district is critical in working together to meet the educational needs of students. However, sometimes challenges may need to be addressed with more support. That is where SEMS comes in,” said Cheryl Levine, SEMS’ Program Coordinator, “we received this comment after a recent session, ‘As a district administrator I had previously tried to problem solve with the family; however, I was not effective. This session helped the family out with clarity and ultimately a mutually agreeable resolution .’”

Mediation is one of the procedural safeguards available to families and students. In mediation, a trained, neutral mediator guides the family and school through a process to help find options and arrive at an agreement.

The value of mediation and facilitation is recognized and supported by the Federal Individuals with Disabilities Education Act (IDEA) and the Michigan Department of Education Office of Special Education (MDE OSE). Through an MDE OSE grant, SEMS provides facilitation, mediation, and professional development services free of charge. The neutral facilitators and mediators support collaborative conversations to help build a foundation for student achievement. One parent said, “It was nice to have the presence of a neutral party in the room to ensure the communication was good and everyone had a chance to be heard.”

During the last school year, Michigan enrollment reports showed that there were 199,762 students who received special education supports and services, representing just under 14 percent of the State’s total student body. These services may include therapies such as speech and language, occupational therapy, behavioral interventions, specially designed instruction, and much more. Each student receiving services has an Individualized Education Program (IEP) or Individualized Family Service Plan (IFSP) that was developed by the student’s IEP team – which includes their parent(s) or guardian. All these services are decided and delivered according to the Federal IDEA and guided by the Michigan Administrative Rules for Special Education (MARSE). This can be a highly complex, confusing, and emotional process for families and schools and sometimes results in disagreement over what is most right for a student. For example, families and schools might call SEMS for help with:

• Any IEP or IFSP meeting that needs a neutral third party to help navigate complexity.

• A behavior plan is not being implemented as written

• Disagreement over evaluations for services

• A student is being disciplined

• Development of a communication plan for better school family collaboration.

Mediation is one of the procedural safeguards available to families and students. In mediation, a trained, neutral mediator guides the family and school through a process to help find options and arrive at an agreement. When the agreement is reached, the mediator helps create a written document that is legally binding in any court of competent jurisdiction. The mediator does not take sides or offer legal advice, they assist in negotiation and support collaboration, always focusing on the student.

The IEP team does not take part in mediation. The confidential conversation is limited to a parent, or student if of age, the superintendent’s designated decision-maker for the district, and others who are pertinent to the topic of the mediation. Families and districts may include attorneys and advocates in mediation to supply advice and advocate for their clients. An advocate left this comment after a mediation, “I’ve been in the presence of SEMS for mediation many times and the mediator is always very professional and knowledgeable.”

Requesting facilitation, mediation or professional development takes one phone call. The intake team will get information and finish the intake process. SEMS contracts with 16 Community Dispute Resolution Program centers throughout Michigan to provide local services. The mediators and facilitators are all trained in special education, mediation, and facilitation and assigned on a random, rotational, or other impartial basis.

“I believe in the collaborative process and its benefits to students by helping teams: Learn more about the educational process, develop and maintain a positive working relationship with the school team, understand each other’s perspective, keep the focus on positive outcomes for the child, find solutions that are agreeable to all involved, and resolve issues quickly and avoid lengthy investigations or costly court proceedings,” said Levine.

Since 1997, SEMS has helped 1,000s of students through their free services. To learn more or connect with them for help, visit www.mikids1st.org or call 1-833-KIDS1ST.