Contact Wisconsin Special Education Mediation System
WSEMS Gia Pionek
PO BOX 70693
Milwaukee, WI 53207
Email WSEMS
(888)-298-3857 (Toll Free Voice)
About WSEMS
The Wisconsin Special Education Mediation System (WSEMS) has been helping parents and schools resolve disputes about special education since 1996. The Wisconsin Department of Public Instruction (WDPI) contracts with the WSEMS to implement this statewide special education mediation system.
WHAT WE DO WSEMS is responsible for: Maintaining, supporting, and improving the WSEMS to ensure statewide availability of a high quality system of mediation and facilitation to parents and educators for resolving disputes in special education. Coordinating case intake, screening, and referral. Explaining the process and benefits of mediation to parties. Providing training and technical support for the mediators. Modeling collaboration and promoting awareness about the WSEMS and early dispute resolution options. Offering training in Wisconsin and nationwide about WSEMS and the stakeholders’ based model, mediation and early conflict resolution for parents, schools and others. Developing awareness about mediation, the WSEMS, and early conflict resolution through dissemination of materials in English and Spanish. Maintaining this website at: https://wsems.us Collecting, evaluating, and disseminating data, including the identifying of trends and the effectiveness of the WSEMS.
LIAISON WITH WISCONSIN DPI Paul Sherman is the Wisconsin Department of Public Instruction (WDPI) liaison to the Wisconsin Special Education Mediation System. In his role, Paul meets at least quarterly with WSEMS project partners to review the system’s annual progress.
WHO WILL MEDIATE YOUR CASE Remember, the WSEMS Intake Coordinator can help you select a mediator. No easy formula can predict mediator competence. Understanding the basics of the mediation process can help you in the selection of the best mediator for your situation. Consider the following questions and suggestions in making your decision. Who Are the Mediators? WSEMS, along with the Wisconsin Department of Public Instruction, has a list of well-trained mediators. The mediators come from a wide range of professional backgrounds, including law, psychology, social work, business, and education. There is no advantage or disadvantage to having a lawyer or non-lawyer mediator. Each mediator has completed a five-day training on special education mediation. Each is also required to complete one day of training each year in order to remain active on the mediator roster. After the parties agree to participate, they can nominate a mediator or WSEMS can work with the parties to nominate a mediator. If either (or both) parties object to the mediator, then WSEMS can suggests a different mediator. A mediator who is not on the list may be used, but at the parties’ expense. The WSEMS Intake Coordinator asks both parties screening questions about the case, matches the needs of the individual case to the training, education, experience and personality of mediators on the roster and shares that information with the parties.
WSEMS MEDIATION OUTCOMES From August 17, 1998 – June 30, 2018 1,734 requests for mediation were received. 1,211 cases went to mediation; 1,067 concluded with a full or partial agreement; 12 cases are still open. This time period has an 88% agreement rate. 88% of mediation cases which “went to session” reached agreement 12% of mediation cases which “went to session” did not reach an agreement As a result of mediation, 168 due process hearing requests were dismissed; 78 IDEA state complaints were withdrawn; 11 Office of Civil Rights complaints were withdrawn; and 3 civil lawsuits were withdrawn. In 2016, CADRE (Consortium for Appropriate Dispute Resolution in Special Education) released the average national agreement rate in special education mediation over the last nine years to be 69%. The WSEMS agreement rate for the same time is much higher at 89%. WSEMS statistics and research are based on: All participants and the mediator are invited to complete surveys after the mediation session. A research methodologist analyzes the data. The data provides continuing feedback to the WSEMS as the effectiveness of the mediation process. From 2000-2018, 2,834 Mediation surveys and 1,033 mediator surveys were returned to our office and the results indicated: 94% of participants believed that mediation gave them the opportunity to be part of the decision making process 89% were satisfied with the mediation process 92% said they would use mediation again 88% said they would use the same mediator again When one student’s disability was identified by the mediator, the following areas of disability were the most common: 32% Autism 23% Emotional Behavior Disability 15% Other Health Impaired Agreements are in writing and may be reviewed by a lawyer prior to signing. These agreements are contracts between the parties (signers) and should be as specific as possible regarding who, what, when, where and how the terms should be performed. If any party fails to follow through with the agreement, the parties can ask the system to reopen the mediation. In addition, when the agreement is prepared, the parties may include a provision that they will return to mediation if a dispute arises or there is a need for a need for clarification in their agreement. One benefit of the mediation process is to help the parties establish better communication. Sometimes issues that arise after mediation can be settled through direct contact between the parties, either in person or by telephone. The WSEMS, as a neutral administrator of the mediation system, is not an enforcement agency. The parties must enforce the agreement they have signed. If the WSEMS were to accept one party’s position that the agreement was not being enforced, the WSEMS would become an advocate for either parents or school districts. This could compromise the WSEMS’ position as a neutral administrator. As a result, the WSEMS’ role in the mediation concludes with an analysis of the surveys completed by the mediation participants following the session. Advocacy is the role of parents’ organizations or school district personnel, and their attorneys and advocates.
HISTORY WSEMS was formally established in July 1996, but traces its origins to two of the founding partners, a parent and a special education director, who had seen the special education system from their own perspective. They were only too familiar with traditional methods used to resolve issues – complaints, due process hearings, and civil trials. They found these to be expensive, time-consuming, polarizing, adversarial, and often without satisfactory results to either side. The partners’ aspirations for a non-adversarial system, where parents and schools would be able to work out their own solutions, led to their writing a discretionary grant proposal to plan a mediation system in Wisconsin. In 1996, WSEMS convened an Advisory Council, facilitated by an experienced mediator, Eva Soeka, Director of the Marquette University Center for Dispute Resolution Education. The Advisory Council was comprised of representatives from key stakeholder agencies, including parents, schools, legislators, and attorneys. The Council helped develop legislative language for special education mediation in Wisconsin and continues to advise the system today. Wisconsin Act 164, Chapter 115.797, was unanimously passed by both the assembly and senate and signed into law by Governor Thompson on December 19, 1997, establishing the Wisconsin Special Education Mediation System. In August 1998, WSEMS began full operation of the mediation system. While not required under state or federal law, WSEMS began a Facilitated IEP program in 2004, also funded with a discretionary grant from the WI Department of Public Instruction. The WSEMS Advisory Council supported this process, whereby parents and schools can request WSEMS roster neutrals to help facilitate IEP team meetings. In 2005, WSEMS began providing information, training and materials about the process for the resolution meeting and how it relates to due process requests and mediation.
MEET OUR STAFF Remember, the WSEMS Intake Coordinator can help you select a mediator. No easy formula can predict mediator competence. Understanding the basics of the mediation process can help you in the selection of the best mediator for your situation. Consider the following questions and suggestions in making your decision. Who Are the Mediators? WSEMS, along with the Wisconsin Department of Public Instruction, has a list of well-trained mediators. The mediators come from a wide range of professional backgrounds, including law, psychology, social work, business, and education. There is no advantage or disadvantage to having a lawyer or non-lawyer mediator. Each mediator has completed a five-day training on special education mediation. Each is also required to complete one day of training each year in order to remain active on the mediator roster. After the parties agree to participate, they can nominate a mediator or WSEMS can work with the parties to nominate a mediator. If either (or both) parties object to the mediator, then WSEMS can suggests a different mediator. A mediator who is not on the list may be used, but at the parties’ expense. The WSEMS Intake Coordinator asks both parties screening questions about the case, matches the needs of the individual case to the training, education, experience and personality of mediators on the roster and shares that information with the parties.
IN MEMORIAM
WSEMS IEP FACILITATION OUTCOMES The WSEMS began the IEP facilitation service in 2004. The WSEMS sought input from our stakeholder group with members from the special education community on how to best implement the service. A neutral, trained professional facilitator helps the student’s IEP team with the process of the meeting. The service may be used for any IEP team meeting, including: Initial or first Annual Re-evaluation First evaluation Manifestation Determination In the screening process with our intake specialist, districts and families identify meeting process concerns that the facilitator can help with, for example: keeping the focus on the student, time management, and keeping the meeting moving forward. All participants, including the facilitator, are asked to complete surveys after the facilitated IEP meeting. A research methods expert analyzes the survey information which provides the WSEMS continuing feedback on the question: How are we doing? From 2004-2017, 1,557 participant surveys were returned to our office and the results indicated: 84% believed IEP facilitation gave them the opportunity to be part of the process 90% were satisfied the overall IEP facilitation process 81% believed the facilitation will improve future IEP meetings