87842 Dispute Resolution IDEA Mediation & Facilitation Q&A (1).xlsx
XLSX spreadsheet 22 KB Posted
- Solicitation number
- 0000087842
- Issued by
- Marion County, Indiana
About this file
This document is a Question and Answer (Q&A) file from the Indiana Department of Education (IDOE), Office of Special Education, addressing vendor inquiries regarding RFQ 87842 for Dispute Resolution IDEA Mediation and Facilitation Services. The solicitation seeks to contract with 8 to 10 mediators to provide statewide dispute resolution and individualized education program (IEP) facilitation services in compliance with IDEA requirements. Eligible contractors must be licensed Indiana attorneys in good standing and registered civil or domestic mediators with the Indiana Supreme Court, demonstrating knowledge of IDEA, federal regulations, and special education law. The IDOE receives approximately 8 to 10 mediation requests monthly and maintains two mediation rosters: Standard Mediation Roster and Specialized Due Process Hearing Mediation Roster. Written questions were due July 7, 2026, with IDOE responses provided by July 14, 2026. Completed proposals were required by August 3, 2026, at 2:00 PM ET, submitted via email to DOEProcurement@doe.in.gov. The contract term runs from October 1, 2026, through September 30, 2027, with a mandatory kickoff meeting scheduled 4-6 weeks before contract start and annual training in November 2026.
Mediators may bill up to $20,000 for mediation services alone or up to $26,000 total per contract year if providing combined mediation and IEP facilitation services. The sample compensation schedule identifies completed standard mediations at $500, specialized due process hearing mediations at $750, cancelled mediations at $500, and individualized training at $1,500 per year. Travel reimbursement follows Indiana state travel policies with lodging rates of $110–$133 depending on location and mileage reimbursement at $0.49 per mile. Pricing must be firm for 180 days from award issuance and must include all associated costs. The Q&A clarifies that mediator licensure is mandatory for mediation services but not required for individuals serving solely as FIEP facilitators; that state residency requirements remain in place; that contractors may build travel time, no-shows, delays, and withdrawals into proposed rates rather than billing separately; that IDOE covers interpreter and ADA accommodation costs outside contractor compensation; and that individuals may contract directly with the state without forming a separate business entity. Award notification was anticipated for September 2026.
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| File | Type | Posted |
|---|---|---|
| Event Docs IDEA_Dispute_Resolution_State_Mediation_and_Facili.pdf |
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Text version
Sheet1
| RFQ 87842 Dispute Resolution IDEA Mediation & Facilitation | ||
| Vendor Questions | ||
| No. | Question | IDOE Response |
| 1 | Is the IDOE-OSE open to revising the residency requirement if there is a lack of responsive bidders? | At this time, the Indiana Department of Education (IDOE) does not respond to hypothetical scenarios. IDOE is required to maintain a current list of individuals who are eligible to serve as mediators, and IDOE will continue to satisfy this requirement as mandated. Therefore, the state residency requirement remains in place at this time. |
| 2 | Is the IDOE-OSE willing to consider adding this additional option under the staff qualifications in order to mirror the second option outlined in the Indiana Court ADR Rules 2.5 B.2.b? | The staff qualifications for this solicitation are those outlined in the RFQ, and IDOE has not established any need to modify those requirements. Accordingly, IDOE is not considering additional options under staff qualifications at this time. |
| 3 | Is the IDOE-OSE willing to consider mediators who have successfully completed a mediator certification process if the certification process exceeds the mediator registration process? | The staff qualifications for this solicitation are those outlined in the RFQ, and IDOE has not established any need to modify those requirements. Accordingly, IDOE is not considering additional options under staff qualifications at this time. |
| 4 | The IDOE-OSE is requiring statewide travel. Will the contractor be compensated for the duration of travel since travel time will impact the contractor’s ability to conduct business during that time. | Under this solicitation, IDOE is not adding a separate billable category for travel time. Contractors must submit a proposal that includes their full fee structure, and they may choose to build travel‑related time or costs into their proposed rates. The Detailed & Itemized Cost Summary requires vendors to include all logistics, work time, and line‑item costs associated with providing services, and the sample compensation schedule is provided only as guidance. Contractors must submit their own compensation rates, and the contract compensation maximums remain as stated in the RFQ. |
| 5 | Since contractors are unable to guarantee that mediation participants or IEP Team members do not have other undisclosed attendees listening within earshot or physically in the room, but off camera and/or that a recording device is being used without disclosure by any of the participants, what guidance can the IDOE-OSE provide to assist contractors in fulfilling this requirement of the contract? | IDOE‑OSE does not provide guidance at this stage of the procurement process regarding how a bidder should demonstrate its ability to ensure confidentiality during mediation or IEP facilitation. The Scope of Work establishes the confidentiality requirements that must be met, but it is the responsibility of each bidder to determine, implement, and describe the methods, practices, and safeguards it will use to comply with those requirements— including how it will address risks posed by undisclosed attendees or unauthorized recordings. |
| 6 | Secure and stable platforms may falter due to issues related to Wi-Fi connection. What guidance can the IDOE-OSE provide to assist contractors in fulfilling this requirement of the contract? | IDOE does not provide technical guidance at this stage of the contract process regarding how a bidder should demonstrate the ability to provide a secure and stable platform for virtual mediation or facilitation. The Scope of Work sets forth the required conditions for use of a virtual format, but it is the responsibility of each bidder to determine and describe the methods, tools, and safeguards they will use to meet that requirement. |
| 7 | Can the IDOE-OSE provide examples of issues to be discussed that specifically require an in-person format to ensure meaningful participation? | Under the solicitation, a virtual format may only be used when all of the following are confirmed: |
Both parties choose a virtual format.
A stable and secure platform is available.
All parties have the technology needed to participate fully (audio, video, document‑sharing).
Confidentiality can be maintained. Consistent with the Scope of Work, IDOE expects the mediator, in collaboration with the parent and the public agency, to determine whether an in‑person session is necessary. This evaluation is made case by case, considering the circumstances, communication needs, complexity of the dispute, and whether meaningful participation can occur virtually. IDOE does not provide examples of specific issues that require an in‑person format. Doing so could improperly limit mediator discretion or imply categorical rules that do not exist in federal or state requirements. The determination must remain individualized to the parties and the dispute. An in‑person format is the default expectation. A virtual format becomes permissible only when the conditions set out in the soliciation are met and the mediator verifies that meaningful participation will not be impacted.
| 8 | Other than the Guidelines of the Agreement to Mediate, the mediation agreement or the no agreement form, what other required documents will the mediator need to submit along with the invoice? |
| The information a mediator submits to the IDOE consists solely of: |
• The mediation scheduling letter
• The signed Acknowledgment of Agreement to Mediate
• The written mediation agreement
• Required invoice documentation and Documentation to show cancellations 9 Will any of the information required potentially result in the mediator having to disclose information that is not permitted due to the confidentiality provisions to eliminate risk of professional liability/breach of confidentiality that does not equate to the exceptions to confidentiality permitted by law?
No. Nothing required under this solicitation would necessitate disclosure of information that violates confidentiality provisions or exceed the esceptions to confidentiality permitted by law.
| 10 | In addition to cancellations, will mediators and facilitators be compensated for no shows, delays, or when withdrawal of mediation or facilitation requests occur since we block out time on our schedules to conduct these sessions, which means other clients are unable to book our services for that specific time period? | Under this solicitation, IDOE‑OSE is not adding a separate billable category for no‑shows, delays, or withdrawals. Contractors must submit a proposal that includes their full fee structure, and they may choose to build such contingencies into their proposed rates. The Detailed & Itemized Cost Summary requires vendors to include all logistics, work time, and line‑item costs associated with providing services, and the sample compensation schedule is provided only as guidance. Contractors must submit their own compensation rates, and the contract compensation maximums remain as stated in the RFQ. |
| 11 | Will IDOE cover the costs for a foreign language interpreter and/or translator and/or providing accommodation under the ADA such as securing a Sign Language Interpreter upon request of a participant attending mediation and/or IEP facilitation? | Yes. IDOE will cover the costs for a foreign language interpreter, translator, or ADA accommodation—including securing a sign language interpreter—when such services are requested by a participant for mediation or IEP facilitation. These costs are paid by IDOE outside of the contractor’s compensation under the solicitation. |
| 12 | On page 6, under FIEP Facilitation, it notes “In addition to mediation services, the Contractor may elect to serve as an IEP Facilitator…” – is there a requirement to be a mediator as a prerequisite to facilitation? | The RFQ language stating that “the Contractor may elect to serve as an IEP Facilitator” is intended to reflect that facilitation is an optional, informal service that is distinct from mediation. While individuals who meet mediator qualifications often possess skills that are valuable in facilitation, being a qualified mediator is not a prerequisite for serving as a Facilitated IEP (FIEP) facilitator. |
For this scope of work, IDOE does not require facilitators to meet mediator licensing requirements. Facilitation focuses on supporting communication, helping the case conference committee remain student‑centered, and promoting collaborative problem‑solving. Those skills may be gained through a variety of professional backgrounds, including familiarity with Article 7, CCC processes, conflict‑resolution practices, or prior facilitation experience.
Although mediator qualifications are preferred because they may enhance the skill set a facilitator brings to the FIEP process, they are not essential, and the RFQ does not impose mediator requirements on individuals who serve solely as facilitators.
13 On page 12, under Required Qualifications, it states that a mediator is required to be a licensed attorney. Are there exceptions if an individual is only seeking to serve as a facilitator? The requirement on page 12 stating that a mediator must be a licensed attorney applies only to individuals who wish to serve as mediators under this solicitation. Because mediation is an IDEA‑mandated formal dispute‑resolution process, IDOE must ensure that individuals assigned to mediation meet all qualifications outlined in the RFQ, including attorney licensure.
However, this requirement does not extend to individuals who seek solely to serve as FIEP facilitators. Facilitation is an optional, voluntary, and informal process that is distinct from mediation and does not require the credentials set forth for mediators. Facilitators may come from a broad range of professional backgrounds, provided they demonstrate the skills necessary to support collaborative communication, assist the case conference committee, and promote student‑focused problem‑solving.
Accordingly, a licensed‑attorney credential is not required for facilitators, and individuals who do not meet mediator requirements remain fully eligible to serve exclusively as facilitators.
14 Can individuals write to provide contracted services or are they required to work under an entity? The RFQ does not require an individual to operate under a business entity in order to provide services under this solicitation. IDOE allows proposals from both entities and individual contractors, provided that the proposer meets all qualifications, complies with applicable state and federal requirements, and is able to satisfy the obligations outlined in the Scope of Work.
Individuals who seek to contract directly with the State may do so as long as they can meet all mandatory requirements, including licensure (when applicable), confidentiality obligations, travel expectations, and all contractual terms. Formation of a separate entity is not required.
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