Request Special Education Mediation

Special Education mediations may occur by themselves or as part of a due process hearing case.

MEDIATION BY ITSELF

Either a district or parent may file a Request for Mediation Only with OAH, requesting OAH set a mediation date.  Upon receipt, OAH will send to the other party and to the party requesting the mediation a Notice of Mediation advising all parties of the date for mediation.

To request just a mediation a party should submit a request to OAH along with a Statement of Service showing that the request was sent to the other party or parties.  OAH provides optional forms to request only a mediation. If the district, local education agency, or other public agency is filing the request, the appropriate optional form is "Request for Mediation Only Requested by District or Other Public Agency." If someone is acting on behalf of the student, such as a parent or legal guardian, then the appropriate optional form is "Request for Mediation Only Filed on Behalf of Student." Both forms may be found on the forms page by clicking on the tab at the top of the screen.

 MEDIATION AS PART OF DUE PROCESS HEARING CASE

Either a district or parent may file with OAH a Request for Due Process Hearing and Mediation, requesting OAH set a hearing date.  Upon receipt, OAH will send to the other party and to the party requesting the hearing a Scheduling Order setting a hearing date and a date for a prehearing conference.

OAH will not set a mediation date in a due process hearing case unless the parties submit a joint request for mediation with agreed upon mediation dates.  The scheduling order will identify the date by which the parties will need to submit this joint request for mediation.

To request OAH to set a mediation date the parties must submit a request to OAH.  OAH provides an option forms called "Request to Set Mediation," which can be found by clicking on the Forms tab at the top of the page.