Mediation in Early Intervention

Results of a National Survey of the Early Intervention Program for Infants and Toddlers With Disabilities in 50 States

by Joicey Hurth

Reprinted from pages 41-42 of NECTAS's Part C Updates(1998).

A. Procedures for Resolving Individual Child Complaints (N=50)

1. The Part C lead agency developed Part C procedures
(34 CFR 303.420 - 303.425) (31 states or 62%)

AK, AZ, AR, CA, CT, DE, GA, HI, ID, IL¹, KS, MD ¹, MA, MI¹, MO¹, MT, NH, NJ, NM, NY, NC, ND, OH, PA, RI, SC, TX, UT, VA, WA, WV

2. The Part C lead agency adopted Part B complaint procedures
(34 CFR 300.506 - 300.512) (19 states or 38%)

AL, CO¹, FL, IN, IA¹, KY, LA¹, ME¹, MN¹, MS, NE², NV, OK¹, OR¹, SD¹, TN¹, VT², WI, WY

Notes:
• ¹ The lead agency for Part C is the state's education department
• ² Part C lead agency responsibilities are jointly held by the state's education department and one or more other departments

B. Sources (Providers) of Mediation Services (N=45)¹

1. State or local mediation offices/centers/organizations (12 states or 27%)

AR, GA, HI, IA, MI, MN, NE, NY, NC, OK, WI, WV

2. Professional mediators (individuals with prior mediation training and experience) (12 or 27%)

CO, DE, IN, NJ, NM, PA, TX, UT, VT, VA, WA, WV

3. Part C lead agency personnel (9 states or 20%)

AL, AR, CT, IL, NH, OH, RI, SD, WY

• Note:

• 1 States may fall in more than one category

4. Individuals knowledgeable in Part C and trained in mediation (16 states or 36%)

ID, IN, KS, MO, MT, NV, NH, NM, NC, OR, RI, SC, SD, TN, WA, WI

5. 5. Special education (Part B) personnel (5 states or 11%)

IL, IA, LA, MA, OR

6. 6. State administrative hearing officers (administrative law judges) (7 states or 16%)

CA, IA, KY, ME, MD, MT, OH

C. Access to Mediation Services (with or without filing a formal child complaint) (N=28)

1. Mediation is an option for problem solving before or instead of filing a formal complaint (24 states or 86%)

AL, AR, CT, DE, FL, HI, ID, IN, ME, MD, MA, MI, MT, NV, NH, NY, OR, PA, SC, UT, VT, WA, WI, WV

2. Mediation services are available only after a formal complaint has been filed (4 states or 14%)

CA, KS, MO, SD