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Main Regulation for Mediation Under IDEA '97, Part C
(Infants and Toddlers Up to Age 3)
Sec. 303.419 Mediation.
(a) General. Each State shall ensure that procedures are established and
implemented to allow parties to disputes involving any matter described in
Sec. 303.403(a) to resolve the disputes through a mediation process which,
at a minimum, must be available whenever a hearing is requested under Sec.
303.420. The lead agency may either use the mediation system established
under Part B of the Act or establish its own system.
(b) Requirements. The procedures must meet the following requirements:
(1) The procedures must ensure that the mediation process-- (i) Is
voluntary on the part of the parties; (ii) Is not used to deny or delay a
parent's right to a due process hearing under Sec. 303.420, or to deny any
other rights afforded under Part C of the Act; and (iii) Is conducted by a
qualified and impartial mediator who is trained in effective mediation
techniques.
(2) The State shall maintain a list of individuals who are qualified
mediators and knowledgeable in laws and regulations relating to the
provision of special education and related services.
(3) The State shall bear the cost of the mediation process, including the
costs of meetings described in paragraph (c) of this section.
(4) Each session in the mediation process must be scheduled in a timely
manner and must be held in a location that is convenient to the parties to
the dispute.
(5) An agreement reached by the parties to the dispute in the mediation
process must be set forth in a written mediation agreement.
(6) Discussions that occur during the mediation process must be
confidential and may not be used as evidence in any subsequent due process
hearings or civil proceedings, and the parties to the mediation process
may be required to sign a confidentiality pledge prior to the commencement
of the process.
(c) Meeting to encourage mediation. A State may establish procedures to
require parents who elect not to use the mediation process to meet, at a
time and location convenient to the parents, with a disinterested party--
(1) Who is under contract with a parent training and information center or
community parent resource center in the State established under sections
682 or 683 of the Act, or an appropriate alternative dispute resolution
entity; and
(2) Who would explain the benefits of the mediation process and encourage
the parents to use the process.
(Authority: 20 U.S.C. 1415(e) and 1439(a)(8))
[63 FR 18296, Apr. 14, 1998] |
