Mediation Process

Under the Individuals with Disabilities Education Improvement Act of (IDEA) and WV Policy 2419, special education mediation must be made available to parents of children and youth with exceptionalities. Federal and state laws require school systems and parents to collaborate in developing an Individualized Education Program (IEP) for each student who is eligible for special education services. Parents and educators may have different perspectives regarding a child’s education. They may have different ideas about a child’s strengths and educational needs.

Open communication is essential for a positive, long term partnership. Mediation is a voluntary and confidential process that may be used by parents and educators to help resolve these issues if there are continuing disagreements about an eligible student’s education.

What is mediation?

Mediation is an informal, voluntary, and private process. In mediation, a neutral third person called a mediator helps the people involved talk through their concerns and work toward a solution. The mediator does not take sides or make decisions for anyone.

Mediation can help parents and the school resolve disagreements about a student’s identification, evaluation, educational placement, or the services needed for a free appropriate public education (FAPE). It can happen at any time, even if a due process complaint or state complaint has already been filed. The mediation process is entirely paid for by the WVDE, leaving no cost to the parent or LEA.

A trained mediator leads the session. A mediator is:

• an impartial third party who understands special education law and has strong communication and problem‑solving skills.
• a person who is not employed by the West Virginia Department of Education or the local educational agency (LEA).

Mediators are chosen from a list of qualified professionals. They are assigned in order, using a rotation system.

Is mediation required by federal or state law?

Yes. The IDEA requires the WVDE to offer mediation to parents and LEA at any time. Another part of the mediation system, although not required, is an optional meeting that encourages parents to consider mediation. In this meeting, a representative from a parent agency explains what mediation is and how it can help.

Who may request mediation?

Mediation may be requested by

• the parent, guardian or surrogate parent of a student with an exceptionality
• the student with an exceptionality who has reached the age of majority
• an attorney representing the parent, student or the LEA
• the LEA

How is mediation requested?

A request for mediation may be initiated by contacting the LEA or the WVDE. The request for mediation must be in writing. 

The WVDE provides a Mediation Request Form though the use of the form is not required. To request a form contact Teresa Brown (teresa.l.brown@k12.wv.us).

Why use mediation?

The mediation process provides the following benefits:

•  offers a timely opportunity for discussion of differences
• empowers parties to resolve their own differences and enhances future relationships
• increases satisfaction with the outcome by both parties
• unlike the resolution meeting, mediation is confidential
• is available at no cost to the parents and the LEA

What can be expected from mediation?

During mediation, parents and personnel, with the help of the mediator, can expect to:

• state their concerns
• discuss their differences
• talk about how the differences can be settled;
• possibly reach an agreement
• receive a written, signed copy of the agreement at the conclusion of the mediation, if an agreement is reached

Who conducts a mediation?

Mediation is conducted by a trained mediator who is:

• an impartial third party
• knowledgeable in special education law
• skilled in problem-solving and interpersonal communication
• an individual who is not an employee of the WVDE or the LEA

A mediator is assigned from the list of qualified mediators on a rotational basis.

Parents and school districts are encouraged to use special education mediation to resolve disputes in a timely, non-adversarial manner. The West Virginia Department of Education (WVDE), Office of Special Education, has a toll-free number to obtain information about the mediation process. 800-642-8541 (V/TDD)

Additional Information

For additional information contact Teresa Brown (teresa.l.brown@k12.wv.us), or the WVDE.