Below are some commonly asked questions about Pendency during mediation.
Q: What is Pendency?
A: Pendency is also known as “stay put.” This means that while the parties are resolving a disagreement through mediation or due process, the student remains in his/her last agreed upon placement until the proceedings are completed.
Q: When does Pendency begin?
A: Once either mediation or due process has been requested to the other side and the Office for Dispute Resolution (ODR) has received a copy of the request, Pendency is in place.
Q: Is mediation mandatory?
A: No. Mediation is a voluntary process. Therefore both sides must agree to participate in mediation.
Q: How do parties notify ODR of their willingness to participate in mediation?
A: To initiate the process, a party completes and submits a mediation request to ODR. ODR will then contact the opposing party to determine their willingness to participate in mediation.
Q: What happens if either the parent or the school chooses not to go to mediation?
A: If either side declines to participate in mediation, ODR will send a letter to both sides to advise them that mediation will not go forward, and that due process must be initiated within 10 days to maintain pendency.
Q: If mediation takes place, but no agreement is reached, what happens to the Pendency?
A: If no agreement is reached at a mediation session, the mediator notifies ODR, who then sends a letter to all parties advising that the mediation will be closed after 10 days, and that due process must be initiated within 10 days to maintain pendency.
Q: Does the mediator decide the stay-put placement?
A: No. Neither the mediator nor ODR has the authority to decide or enforce placement for a student. The Bureau of Special Education (BSE) investigates questions about compliance.
Q: Where can I go for more information regarding stay-put status during mediation?
A: Visit ODR’s website at www.odr-pa.org for more information. Also, parents may contact the Special Education ConsultLine at 1-800-879-2301 to speak with a specialist about this and other procedural safeguards information.