Vermont Special Education Regulations Survey Results
Comments made by Parents to a Survey Regarding the Proposed Special Education Regulations,
Submitted April 4, 2006
SECTON 4: DISPUTE RESOLUTION
→ Mediation: Attorneys
Under Vermont’s current special education regulations, school districts may not bring an attorney to mediation unless the parent’s attorney will be attending. This provision has been removed in the proposed state regulations.
Should the Vermont special education regulations retain the requirement that attorneys for the school district may not attend a mediation session unless the parent will be bringing an attorney to the mediation?
| Yes: |
47 |
No: |
6 |
Don't Know: |
6 |
Comments:
I think every mediation session is unique and brings its own set of issues...one party or another should not be limited as to their use of attorneys.
It is very important for the parents of the student to be represented.
Balance of power issue.
Parents may feel intimidated by the presence of a lawyer and reject any mediation offered. Both parties should be an equal footing.
Parents need to be protected - mediation stops being a safe place when one side comes with an attorney and the other side does not.
Fair is fair- don't play games.
Attorney's have specific ethical and legal responsibilities to their clients which can get in the way of meaningful mediation. In addition, a school having an attorney at a meeting with parents shifts the power in favor of the school, as if they didn't have enough.
That makes sense to me. Why waste the money unless necessary. I hope all are always thinking of the child.
Let's keep things on an even playing field.
Attorneys are frightening. So unless a parent has one, the school should not either.
Absolutely. Level playing field.
Keep it fair folks....
Yes, keep it. It seems like this reg would be necessary to keep the process "balanced". Most parents don't keep lawyers on retainers like school districts who are able to call on them at anytime.
Absolutely! Please don't take this right away.
Mediation needs to continue to be a way to work out differences. The DOE needs to monitor how this process is working and if the relationships have improved post-mediation. I suggest a post-mediation mediator to, if possible, figure out how the team goes to mediation and how it will be avoided, if possible, in the future.
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