All states are required to offer mediation services for the voluntary settlement of special education disputes after a due process hearing has been requested as a result of the 1997 Amendments to the Individuals with Disability Education Act (IDEA). However, Iowa is one of only a few states that offer an early intervention mediation program available prior to the request for a due process hearing.
This study examined the Iowa Special Education Preappeal Conflict Resolution Conference's attempted early resolution of disputes between parents of children with disabilities and school personnel. Issues examined include participants' perceived satisfaction with the preappeal conferences process, implementation support for the reached agreement, parent-school relationship following mediation, and attorney involvement.
A qualitative methodology case study approach was used in order to more fully understand the perceptions and experiences of parents of children with disabilities, school administrators, intermediate educational agency administrators, and mediators who have participated in a preappeal conference reaching an agreement. A thematic strategy of analysis was used to organize and interpret data. Four themes were identified: events before the preappeal conference, the preappeal conference and its outcomes, events following the preappeal conference, and issues related to preappeal conferences.
Inquiry was based on concepts from the procedural justice theory, which suggests people are more willing to accept outcomes when they are decided fairly. Results indicate participants were satisfied with the preappeal conference, which they viewed as fair. In addition, participants reported no new concerns or significant issues arising following the preappeal conferences. Most school and intermediate educational agency administrators were satisfied with the preappeal conference outcomes, agreement implementation, and parent relationships following the preappeal conferences. Their satisfaction appeared related to whether preappeal conference outcomes supported what they originally proposed or desired and whether the escalation of the conflict was halted.
Parents were divided in their satisfaction of the mediation outcomes. They reported dissatisfaction with the agreement implementation and relationships with school personnel following the preappeal conference. Parent satisfaction appeared related to perception of support received from others during the mediation, the other party's willingness to compromise, and the alignment of reached agreement to desired outcomes.