competent jurisdiction or in a district court of the United States. [34 CFR 300.537 provides the State the option of enforcement.] 3. Mediation Associated with a Request for a Due Process Hearing A. General If either a parent, adult student or an SAU seeks a due process hearing, the superintendent shall encourage the parents to resolve the disagreement through a resolution session or mediation or other assistance. Such attempts shall not interfere with the parent's or adult right to a due process hearing or with the hearing timeline. student’s B. Requirements. [34 CFR 300.506, 303.431] Mediation under this section shall: (a) voluntary on the part of the parties; Be (b) Not used to deny or delay a parent's right to a hearing on be the parent's due process hearing request, or to deny any other rights afforded under Part B of the Act; and (c) conducted by a qualified and impartial mediator who is Be trained in effective mediation techniques. (2) (a) The maintain a list of individuals who are Department shall qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services. (b) The select mediators on a random, Department shall rotational, or other impartial basis. (3) The bear the cost of the mediation process. Department shall (4) Each session in the mediation process be scheduled in a shall timely manner and be held in a location that is convenient to shall the parties to the dispute.
competent jurisdiction or in a district court of the United States. [34 CFR 300.537 provides the State the option of enforcement.] 3. Mediation Associated with a Request for a Due Process Hearing A. General If either a parent, adult student or an SAU seeks a due process hearing, the superintendent shall encourage the parents to resolve the disagreement through a resolution session or mediation or other assistance. Such attempts shall not interfere with the parent's or adult student’s right to a due process hearing or with the hearing timeline. B. Requirements. [34 CFR 300.506, 303.431] Mediation under this section shall: (a) Be voluntary on the part of the parties; (b) Not be used to deny or delay a parent's right to a hearing on the parent's due process hearing request, or to deny any other rights afforded under Part B of the Act; and (c) Be conducted by a qualified and impartial mediator who is trained in effective mediation techniques. (2) (a) The Department 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. (b) The Department shall select mediators on a random, rotational, or other impartial basis. (3) The Department shall bear the cost of the mediation process. (4) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
071c101.docx