Legal Rights of Children with Epilepsy in School & Child Care

Legal Rights of Children with Epilepsy in School and Child Care
confidential; any agreement reached at mediation must be in writing and can be
enforced in court. 34 C.F. R. 300.506.
8.9Q:
When would mediation be appropriate?
A: As noted above, mediation can be requested at any time, and is often requested
at the same time as, or instead of, a due process hearing. However, there are
some issues that lend themselves to mediation more than others. For example, an
issue for which there is a clear compromise position is one for which mediation
may be particularly successful. On the other hand, an issue that turns on a purely
legal interpretation may not successfully resolve at mediation because the parties
may not have an incentive to compromise or to shift their position on the issue.
If, for instance, a student with epilepsy needs administration of emergency
antiepileptic medication and the school refuses to designate a trained person to
administer the medication and relies on calling 911 instead, the issue of whether
the school must administer the medication is not one the parents will be willing
to compromise about. In contrast, disputed secondary issues related to
medication administration may very well lend themselves to negotiation with a
trained mediator. Such issues might relate to who administers medication, where
in the school the medication is administered, whether 911 is called every time
the student has a prolonged seizure, how the seizures are documented and how
the parents are notified of seizures. Sometimes, compliance representatives or
school district counsel might need the incentive of a mediation request or a due
process hearing because resolution of the matter requires a commitment of
resources that cannot be obtained through the IEP process alone.
8.10Q: How would a parent request mediation?
A: States may have different procedures but, generally, a parent would request
mediation by making a written request to the school district and to the office that
conducts mediation sessions, which may be the same office that conducts due
process hearings. This may be the state department of education or a separate
office of administrative hearings or office of administrative law. A parent can
request mediation at the same time he or she requests a due process hearing or
he or she can request mediation by itself.
8.11Q: What happens at mediation?
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A: Generally, the mediator will begin with introductions and an explanation of the
ground rules. The mediator will probably explain that mediation is confidential
and may ask the parties to sign a confidentiality document in which they agree
that whatever is discussed during the mediation session will remain confidential.
The mediator will hear from each party regarding its position and will attempt to
help the parties negotiate an agreement. The mediator might meet with the
parties together, then meet with each party separately, then bring the parties
together again. If the parties come to an agreement, the agreement will be