Iowa Admin. Code r. 281-41.1002 - Special education mediation conference
(1)
Procedures. The parent,
the LEA or the AEA may request a special education mediation conference on any
decision relating to the identification, evaluation, educational placement, or
the provision of FAPE without the need for filing a due process complaint. The
mediation conference shall comply with the requirements of rule 281-
41.506(256B, 34CFR 300 ).
a. A request for a
special education mediation conference may be in the form of a letter or a
pleading or on a form provided by the department . The request shall identify
the student, LEA and AEA and set forth the facts, the issues of concern, or the
reasons for the conference. The letter shall be provided to the department , to
the AEA, and to the LEA.
b. Within
five business days of receipt of the request for the conference, the department
shall contact all pertinent parties to determine whether participation is
desired. A checklist shall be sent by the department to the LEA or AEA to
receive information about the student.
c. A mediation conference will be scheduled
and held at a time and place reasonably convenient to all parties involved.
Written notice will be sent to all parties by the department .
d. The LEA or the AEA shall submit the
checklist to the department and shall provide a copy to the parent within ten
business days after receiving the request.
e. The student's complete school record shall
be made available for review by the parent prior to the conference, if
requested in writing at least ten calendar days before the conference.
f The individual's complete school
record shall be available to the participants at the conference if the record
is requested in writing at least ten calendar days prior to any scheduling
conference call or within two days following the scheduling conference call.
The parties may agree to make less than the complete educational record
available, or make no educational records available, at the mediation
conference.
g. A mediator provided
by the department shall preside over the conference.
h. If an agreement is reached, a document
meeting the requirements of 41.506(2)'/" shall be executed.
i. If agreement is not reached at the
conference, all parties shall be informed of the procedures for filing a due
process complaint.
(2)
Placement during proceedings. Pursuant to rule
281-41.518
(256B, 34CFR 300 ), unless the parties agree otherwise, the student involved in
the mediation conference must remain in the student's present educational
placement during the pendency of the proceedings.
(3)
Withdrawals or automatic
closures. The initiating party may request a withdrawal prior to the
conference. Automatic closure of the department file will occur if any of the
following circumstances apply:
a. One of the
parties refuses to participate in the voluntary process.
b. The conference is held, but parties are
not able to reach an agreement. There will be a ten-calendar-day waiting period
after the conference to continue the placement as described in subrule
41.1002(2) in the event a party wishes to pursue a hearing.
c. The conference is held, the parties are
able to reach an agreement, and the agreement does not specify a withdrawal
date. If a withdrawal date is part of the agreement, an agency withdrawal will
occur on the designated date.
(4)
Confidentiality of
discussions. Discussions that occur during the special education
mediation conference must be confidential, except as may be provided in Iowa
Code chapter 679C, and may not be used as evidence in any subsequent due
process hearings or civil proceedings; however, the parties may stipulate to
agreements reached at the conference. Prior to the start of the conference, the
parties and the mediator will be required to sign an Agreement to Mediate form
containing this confidentiality provision.
Notes
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