72-996.Dispute resolution through mediation;procedures; list of mediators; costs; time and location; agreements;confidentiality.(a) The state board shall establish and implement proceduresto allowagencies and parents to resolve disputes involving any matter, includingmatters arising prior to the filing of a complaint, through a mediationprocess.
(b) The procedures adopted shall ensure that the mediation process is:
(1) Voluntary on the part of the parties;
(2) not used to deny or delay a parent's right to a due process hearing, orto deny anyother rights afforded under this act; and
(3) conducted by a qualified and impartial mediator who is trained ineffective mediationtechniques.
(c) The state board shall maintain a list of individuals who are qualified mediators andknowledgeable in laws and regulations relating to the provision of special education and relatedservices and shall establish procedures for the appointment of a mediator to help resolve disputesbetween the parties.
(d) The state board shall bear the cost of the mediation process described inthis section.
(e) Each session in the mediation process shall be scheduled in a timelymanner and shallbe held in a location that is convenient to the parties to the dispute.
(f) If the mediation process results in a resolution of the complaint, theparties shall execute a written agreement that both the parent and anauthorized representative of the agency shall sign and that, at a minimum,includes the following statements:
(1) The resolution of each issue presented in the complaint;
(2) all discussions that occurred during the mediation process areconfidential and may not be used as evidence in any subsequent due processhearing or civil proceeding; and
(3) each party understands that the agreement is legally binding upon them;and
(4) the agreement may be enforced in state or federal court.
(g) Discussions that occur during the mediation process shall be confidentialand may notbe used as evidence in any subsequent due process hearings or civilproceedings.
History: L. 1999, ch. 116, § 35;L. 2005, ch. 171, § 21; July 1.
72-996.Dispute resolution through mediation;procedures; list of mediators; costs; time and location; agreements;confidentiality.(a) The state board shall establish and implement proceduresto allowagencies and parents to resolve disputes involving any matter, includingmatters arising prior to the filing of a complaint, through a mediationprocess.
(b) The procedures adopted shall ensure that the mediation process is:
(1) Voluntary on the part of the parties;
(2) not used to deny or delay a parent's right to a due process hearing, orto deny anyother rights afforded under this act; and
(3) conducted by a qualified and impartial mediator who is trained ineffective mediationtechniques.
(c) The state board shall maintain a list of individuals who are qualified mediators andknowledgeable in laws and regulations relating to the provision of special education and relatedservices and shall establish procedures for the appointment of a mediator to help resolve disputesbetween the parties.
(d) The state board shall bear the cost of the mediation process described inthis section.
(e) Each session in the mediation process shall be scheduled in a timelymanner and shallbe held in a location that is convenient to the parties to the dispute.
(f) If the mediation process results in a resolution of the complaint, theparties shall execute a written agreement that both the parent and anauthorized representative of the agency shall sign and that, at a minimum,includes the following statements:
(1) The resolution of each issue presented in the complaint;
(2) all discussions that occurred during the mediation process areconfidential and may not be used as evidence in any subsequent due processhearing or civil proceeding; and
(3) each party understands that the agreement is legally binding upon them;and
(4) the agreement may be enforced in state or federal court.
(g) Discussions that occur during the mediation process shall be confidentialand may notbe used as evidence in any subsequent due process hearings or civilproceedings.
History: L. 1999, ch. 116, § 35;L. 2005, ch. 171, § 21; July 1.
72-996.Dispute resolution through mediation;procedures; list of mediators; costs; time and location; agreements;confidentiality.(a) The state board shall establish and implement proceduresto allowagencies and parents to resolve disputes involving any matter, includingmatters arising prior to the filing of a complaint, through a mediationprocess.
(b) The procedures adopted shall ensure that the mediation process is:
(1) Voluntary on the part of the parties;
(2) not used to deny or delay a parent's right to a due process hearing, orto deny anyother rights afforded under this act; and
(3) conducted by a qualified and impartial mediator who is trained ineffective mediationtechniques.
(c) The state board shall maintain a list of individuals who are qualified mediators andknowledgeable in laws and regulations relating to the provision of special education and relatedservices and shall establish procedures for the appointment of a mediator to help resolve disputesbetween the parties.
(d) The state board shall bear the cost of the mediation process described inthis section.
(e) Each session in the mediation process shall be scheduled in a timelymanner and shallbe held in a location that is convenient to the parties to the dispute.
(f) If the mediation process results in a resolution of the complaint, theparties shall execute a written agreement that both the parent and anauthorized representative of the agency shall sign and that, at a minimum,includes the following statements:
(1) The resolution of each issue presented in the complaint;
(2) all discussions that occurred during the mediation process areconfidential and may not be used as evidence in any subsequent due processhearing or civil proceeding; and
(3) each party understands that the agreement is legally binding upon them;and
(4) the agreement may be enforced in state or federal court.
(g) Discussions that occur during the mediation process shall be confidentialand may notbe used as evidence in any subsequent due process hearings or civilproceedings.
History: L. 1999, ch. 116, § 35;L. 2005, ch. 171, § 21; July 1.
