Must mediation take place first – before a parent files a State Complaint? I live in Wyoming.
The specifics and mechanics of mediation vary from state to state. In many states, the regulations permit mediation prior to filing either a complaint or a request for a due process hearing.
You need to find and research your own state’s special education regulations. To find the regulations, go to your state Department of Education. Find a link to that site on the Yellow Pages Directory or follow the steps below.
Find and download your state’s regulations as a complete adobe.pdf file. If you are not sure how to do this – here’s a little tech help.
- Go to google and simply enter wyoming special education regulations . Using this search term will probably take you directly to them or, if not, to a page that has a direct link to them.
- Download that pdf file onto your hard drive.
- Open the file with adobe. (Usually double clicking the filename is sufficient to open. If not, you may have to download a free Adobe reader. http://get.adobe.com/reader/)
- Once opened, simply enter control f or command f dependent on whether you are using Windows or Apple. This will open up the search window.
- Enter as your search term, the word mediation . This search will take you to all instances where the word “mediation” is located in the regulations.
Be sure to find the portions relating to both state complaints and due process hearing requests.
Now you will be able to see what your state’s regulations say about mediation, (i.e. how to request, when permitted, etc.).
You will find out more about mediation as a procedural safeguard in IDEA on this page: http://www.wrightslaw.com/info/mediation.index.htm