Special Education Dispute Resolution Services (SPARC)​

Working collaboratively for exceptional children

The Special Education Partnership for the Amicable Resolution of Conflict (SPARC) is a statewide special education dispute-resolution program that supports families and schools to work collaboratively to address the educational needs of school-aged children (ages 3 to 21). SPARC services are ideal for managing disputes related to IDEA Part B, such as the placement, services, evaluation, or classification of a student.

The Conflict Resolution Program offers this program in cooperation with the Delaware Department of Education

  • SPARC services are voluntary, confidential, and free of charge.
  • Utilization of SPARC services will not delay or deny any rights under IDEA.
  • Since 1996, SPARC has served more than 1,000 families and all 19 school districts in Delaware.

What are Mediation and Facilitation?

 

Toggle through the two tabs below to learn more about special education mediation and facilitated IEP Team Meetings.

WHAT Is Mediation?

SPARC mediation is a voluntary and confidential way for families and schools to resolve special education disputes. Mediation is a process that empowers parties to find mutually agreeable solutions in an informed, non-adversarial setting with the help of a neutral third party.

Prior to the mediation, a SPARC mediator listens to the concerns and needs of those involved in the dispute to identify the issues to be mediated. They also explain the mediation process and the role of the mediator. If the parties agree to mediation, it is scheduled in a timely manner, at a neutral location, and with a select list of participants.

Constructive Conversations and Enhanced Understanding

During mediation, SPARC's trained, neutral mediators guide participants through a process that encourages dialogue and joint problem-solving. Mediation helps participants gain a holistic view of the problem and the solution that will best meet the needs of the student. The participants determine the outcome of the mediation, and any agreement reached is documented and legally binding.

If an agreement is not reached, the parties are free to pursue other avenues, such as proceeding with an administrative complaint or a due-process complaint. Participating in SPARC mediation will not delay or deny any rights under IDEA, including the deadline of an existing due process or administrative complaint.​

Participant Testimonials

The mediator did a great job making sure everyone was heard, everything was understood, and made people feel at ease during the meeting.

- Parent

The mediator was quite supportive and demonstrated a level of understanding of the complex issues presented in this case. The mediation process appears to have us on a good track.

- School District

WHAT IS IEP Team Meeting Facilitation?

SPARC IEP meeting facilitation is quickly becoming the most recognized strategy for improving the effectiveness and efficiency of IEP meetings. When discussions become difficult or complex, a facilitator can help prevent the conflict from growing.

The ideal time to request a facilitator is before the team reaches an impasse. Prior to the IEP meeting, a SPARC facilitator works with the family and the school to create a comprehensive meeting agenda that will allow for an effective and efficient meeting.

Open Dialogue and Shared Decision-Making

During the IEP meeting, SPARC's trained, neutral facilitator manages the meeting so the team can focus on the needs of the student. The facilitator guides the IEP team through a process of open dialogue and understanding aimed at building trust among all team members. Through balanced participation and shared decision-making, teams are better able to make decisions that are in the best interest of the student.

How Does a Facilitated Meeting Work?

  1. A SPARC facilitator will speak with both parties to listen to concerns, explain the facilitation process, and answer questions.
  2. If all parties are willing to participate, the facilitator will create an agenda for the meeting incorporating all concerns.
  3. During the meeting, the facilitator manages the meeting process so the team can focus on the needs of the student.
  4. The participants control and create the outcome of the IEP meeting. The facilitator is impartial.
  5. If the meeting does not end in an agreement, the parties may pursue other forms of resolution or exercise their procedural safeguards.

The facilitator is not a member of the IEP team or an advocate for any person on the team.

The facilitator is an independent impartial person to the IEP team meeting process.

Participant Testimonials

The facilitator made sure everyone was actually in agreement and kept the meeting calm and professional.

- Parent

The facilitator's contribution was extremely valuable. She helped all the parties feel validated and she ensured that we addressed all the concerns raised by parents and school staff.

- School District

Mediation FAQ

Special Education mediation is a comprehensive approach to resolving differences and repairing relationships. It is a process conducted by a qualified and impartial mediator to resolve disagreements between families and schools regarding any matter arising under Part B of IDEA. Mediators are there to ensure that every party’s concerns are heard and help facilitate conversations to find common ground and solutions for moving forward.

Special Education mediation allows districts and families the opportunity to come to a mutually agreeable solution, rather than having a “winner” and “loser.” All discussions in mediation are confidential and cannot be used in future court or other legal proceedings. If an agreement is reached, SPARC will draft a document outlining the agreement and each party will sign a copy of it. This agreement is a legally binding document.

Before the actual mediation can be scheduled, SPARC schedules phone meetings with the key participants. This call consists of answering any of your questions, as well as talking about what concerns you are looking to address through mediation. SPARC wants to be sure the concerns you have are able to be mediated and ensure that all parties are willing to mediate those concerns.

When families and schools are having trouble communicating and resolving differences regarding the education of a special needs student, SPARC mediation may be able to help. SPARC staff can help you determine if mediation is the appropriate next step. Contact our office for a confidential discussion about our services.

Participation in SPARC mediation will not delay or deny any rights under IDEA. Administrative and Due Process Complaint processes remain intact and on schedule regardless of whether the parties utilize mediation. Because mediation can occur fairly quickly, parties have the opportunity to try mediation without giving up other avenues of resolution. Complaints can only be withdrawn by the requesting party.

The mediator welcomes the parties and explains the mediation process. As a neutral third party, the mediator guides the participants through a balanced conversation that allows them to clarify their concerns and generate options for resolving their differences. Mediation encourages the parties to focus on the relevant issues and work in the best interest of the student.

Mediation participants should be prepared to talk about the concerns that brought them to mediation and ideas to remedy the situation. Participants should be prepared to speak on their own behalf, listen to others, and negotiate in good faith. Participants have the option of seeking advice from an advocate or an attorney before and during mediation.

No, the mediator does not make decisions, suggest solutions, or determine the outcome of mediation. All decision-making rests with the family and school.

It is up to the parties to determine when they’ve reached a resolution and the terms of the resolution. If a resolution is reached, the parties must execute a legally binding agreement that sets forth that resolution. The mediator will help the parties develop a written agreement that outlines the terms and conditions agreed upon by both sides.

You may pursue other avenues to settle the dispute, including continuing mediation, or filing an administrative complaint or a due process complaint. If you are already involved in a complaint process, that process continues.

Mediation may be requested by completing a “Request for Mediation” form on the Department of Education website or by contacting the SPARC Program by email (sparc-info@udel.edu) or phone (302-831-8158).

SPARC services are funded by the Delaware Department of Education and are free for families and schools. Parties who choose to involve an advocate, attorney, or educational expert are responsible for their fees.

The amount of time participants spend in mediation varies. SPARC ask all parties to set aside two hours for a mediation session. Depending on the complexity of the dispute, the actual time spent in mediation may be more or less than the time allotted.

Mediation is available to resolve disputes related to Part B of IDEA, such as, but not limited to, special education services, related services; eligibility, placement, and communication between home and school. If you’re considering mediation, please contact our office for a free, confidential discussion about our services and whether mediation is right for you.

Mediation involves a limited number of participants, mutually determined by the mediator, family, and school. Prior to scheduling the mediation, SPARC staff works with the key parties to determine who should attend. Typically, the parties involved in special education mediation are a parent/guardian and a representative from the school and/or district. The key parties in mediation must have the authority to act on behalf of the student and/or the school district.

Mediation can only occur if both family and school are willing to participate.

IEP Team Meeting Facilitation FAQ

No. The facilitator does not make decisions about the student, their IEP, or the outcome of the IEP team meeting. All decision-making rests with the IEP team.

When the team is not able to reach an agreement on the student’s IEP, team members are free to pursue other forms of resolution. For more information, visit the Department of Education’s website.

To request a SPARC facilitator, contact the SPARC Program by email (sparc-info@udel.edu) or phone (302-831-8158).

A facilitated IEP team meeting includes a neutral third party who focuses on meeting processes, such as clarifying agenda items and ensuring balanced participation and effective communication. This allows the team to focus on the student and the content of the IEP.

Prior to the meeting, a SPARC facilitator will speak with both parties to identify their primary concerns and goals for the next IEP team meeting. They also explain the role of the facilitator and answer questions. If all parties agree to this service, the facilitator creates a meeting agenda that is inclusive of everyone’s concerns and shares this with the parties prior to the meeting. During the meeting, the facilitator manages the meeting process so the team can focus on the needs of the student. The participants control and create the outcome of the IEP team meeting.

The IEP team meeting involves the entire IEP team as dictated by state and federal laws, as well as the SPARC facilitator.

IEP team meeting facilitation can only occur if both the family and school agree to the service.

Make time to talk with the facilitator prior to the facilitated IEP team meeting. Tell the facilitator what has been working with the current IEP and what has not been working, as well as specific issues you want to discuss and questions you want to ask at the next meeting. All IEP team members should be prepared to speak on their own behalf, listen to others, and work collaboratively in the best interest of the student.

IEP team meeting facilitation is quickly becoming the most recognized strategy for improving the effectiveness and efficiency of IEP team meetings. The facilitator works within the IEP team meeting process and with the team to work together to develop an IEP (individualized education plan) for the student. The facilitator is there to ensure every party’s concerns are heard and help facilitate conversations to find common ground and solutions for moving forward.

Before the IEP team meeting, SPARC staff will speak with both parties to listen to concerns, explain the facilitation process, and answer questions you may have about the process or the role of the facilitator.

When families and schools are having trouble communicating and resolving differences regarding the individualized education plan (IEP) of a student, SPARC facilitation may be able to help. SPARC staff can help you determine if facilitation is the appropriate next step. Contact our office for a confidential discussion about our services.

SPARC services are funded by the Delaware Department of Education and are free for families and schools. Parties who choose to involve an advocate, attorney, or educational expert are responsible for their fees.

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Consider SPARC When...

  • You have done your best to resolve disagreements, but cannot reach a resolution
  • You want to resolve differences swiftly, economically, and confidentially.

What You Gain:

  • A voice in discussions and decisions

  • Confidential and impartial assistance

  • Facilitated, open dialogue and problem-solving

  • Recognition of your perspective and goals

 

IDEA Act Rights

Participating in SPARC services may not be used to delay or deny the right to a due process hearing or any other rights afforded to parents under the Individuals with Disabilities Education Act (IDEA).

Meet our Team

 

​The SPARC Program is administered through the University of Delaware’s Conflict Resolution Program (CRP). The Program’s experienced mediators and facilitators specialize in special education dispute resolution. The program staff adhere to the highest standards of ethics, professional competence, and personal integrity. They are committed to providing confidential and impartial dispute resolution services to parents and schools who want to work together to resolve differences.

Mediators and facilitators create an environment that promotes constructive dialogue and collaborative decision making. They assist parties in communicating effectively, problem solving, and exploring mutually satisfying solutions.

Photo of Joy Jordan

Joy Jordan is an assistant policy scientist and conflict resolution practitioner in the Institute for Public Administration (IPA) at the University of Delaware. In this role, she assists in managing and implementing the statewide dispute resolution program known as SPARC. The SPARC team acts as a neutral third party to help parents and schools resolve differences they are experiencing regarding the education of students with special needs.

Joy is also responsible for creating training material, developing and delivering workshops to a variety of audiences, analyzing data, and assisting with writing marketing and website material. Joy holds a Bachelor of Science degree in Business Administration with a concentration in Marketing from Drexel University; a certificate in Communications for Professionals from the University of Pennsylvania; and a certificate in Meeting and Events Planning from Temple University.​​

Photo of Sarah Marshall

Sarah Marshall directs communications for the University of Delaware’s Institute for Public Administration (IPA), in the Joseph R. Biden, Jr. School of Public Policy and Administration. Sarah develops print and online resources for IPA’s public service and research projects, which span from education to regional planning and development. She has been teaching design workshops to non-technical audiences, from students to municipal clerks, for the past 10 years. Sarah guides the development of online professional development programs for government administrators and K–12 educators.

Sarah is a trained mediator and facilitator working with IPA’s Conflict Resolution Program. Sarah received her Master of Public Administration degree with a specialization in design thinking and innovation from the University of Delaware in December 2022. She holds a bachelor’s degree in graphic design and geography from Syracuse University. Sarah is a 2018 Leadership Delaware Fellow and UD Leveraging Equity And Diversity (LEAD) Ally.

Photo of Kathy Murphy

Kathy Murphy is the Coordinator of the Conflict Resolution Program and Associate Director of the Institute for Public Administration at the University of Delaware (UD). She also has a secondary faculty appointment in the School of Public Policy and Administration in the College of Arts and Sciences at UD. Ms. Murphy helped create Delaware's special education mediation program known as SPARC (Special Education Partnership for the Amicable Resolution of Conflict). She has more than twenty years of experience as a professional mediator and facilitator.

Ms. Murphy received advanced mediation training in special education, eldercare, issues of capacity, custody, and divorce from the Harvard Law Program on Negotiation, Elder Decisions, the Atlanta Center for Justice, Lehigh University, the American Arbitration Association, Mediation Matters, and the Montgomery County Mediation Center. She has a Master of Public Administration degree from the University of Delaware and an undergraduate degree in Business Administration.

Contact Us

SPARC services are voluntary, confidential, and free of charge. Utilization of these services will not delay or deny any rights afforded under the IDEA Part B.​

For more information about SPARC services offered through the Conflict Resolution Program, contact s​parc-info@udel.edu or 302-831-8158.​