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School systems and families sometimes have different perspectives about the education of children with disabilities. When a family files for a due process hearing, the Individuals with Disabilities Act (IDEA), Amendments of 1997 [P.L. 105-17] requires state departments of education to provide access to mediation to help resolve these differences. For some families mediation is a viable and relatively easily understood process. For many families, however, mediation is an unknown process and may seem inaccessible or unattractive.
It is generally understood that families who use procedural safeguards to resolve educational disputes are typically highly educated and from middle or upper class backgrounds. Individuals who are monolingual in a language other than English or who speak English as a second language, who identify with a culture different from mainstream American society, or who are from socio-economically disadvantaged backgrounds may not recognize mediation as an appropriate and available process for help.
There are a number of reasons for making mediation more accessible and responsive to families from culturally, economically and linguistically diverse backgrounds. When disagreements are resolved collaboratively, they result in stronger communities, better relationships between educators, service providers and families, and improved outcomes for children and youth. Conversely, when individuals and communities do not have opportunities to express dissatisfaction early and in a welcoming setting, school systems risk complaints, lawsuits and allegations of racism, in addition to challenges to Individual Educational Programs (IEPs).
Ever-changing demographics challenge educators to provide inclusive and culturally relevant services to diverse populations of students and families. It is projected that 40 percent of clients in service delivery systems will be minority group members by the year 2000 (Cross, et al., 1989). School districts and boards of education may not be aware of the barriers that stand in the way for families nor the strategies that can open the doors to mediation. This document is intended to provide educators with guidance that may help them understand why some families may not participate in mediation, and strategies for increasing the participation of families from diverse backgrounds.
Most importantly, Keys to Access offers practical recommendations that school personnel, early intervention service providers, mediation providers, and families can use to develop the knowledge, positive attitudes, skills and strengths necessary for genuine collaboration. The results of these collaborative partnerships may be reflected in improved programs for children with disabilities.
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