Iowa Admin. Code r. 281-41.506 - Mediation
(1)
General. Each public agency must ensure that procedures are
established and implemented to allow parties involved in disputes relating to
any matter under this chapter, including matters arising prior to the filing of
a due process complaint, to resolve disputes through a mediation
process.
(2)
Requirements. The procedures must meet the following
requirements:
a. The procedures must ensure
that the mediation process:
(1) Is voluntary
on the part of the parties;
(2) Is
not used to deny or delay a parent's right to a hearing on the parent's due
process complaint, or to deny any other rights afforded under Part B of the
Act; and
(3) Is conducted by a
qualified and impartial mediator who is trained in effective mediation
techniques.
b. A public
agency may establish procedures to offer to parents and schools that choose not
to use the mediation process, an opportunity to meet, at a time and location
convenient to the parents, with a disinterested party:
(1) Who is under contract with an appropriate
alternative dispute resolution entity, or a parent training and information
center or community parent resource center in the state established under
Section 671 or 672 of the Act; and
(2) Who would explain the benefits of, and
encourage the use of, the mediation process to the parents.
c. State responsibility for
mediation.
(1) The state must 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.
(2) The SEA must select
mediators on a random, rotational, or other impartial basis.
d. The state must bear the cost of
the mediation process, including the costs of meetings described in paragraph
41.506(2)"b."
e.
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.
f. If the parties resolve
a dispute through the mediation process, the parties must execute a legally
binding agreement that sets forth that resolution and that:
(1) States that all discussions that occurred
during the mediation process will remain confidential and may not be used as
evidence in any subsequent due process hearing or civil proceeding;
and
(2) Is signed by both the
parent and a representative of the agency who has the authority to bind the
agency.
g. A written,
signed mediation agreement is enforceable in any state court of competent
jurisdiction or in a district court of the United States.
h. Discussions that occur during the
mediation process must be confidential and may not be used as evidence in any
subsequent due process hearing or civil proceeding of any federal court or
state court.
(3)
Impartiality of mediator.
a.
An individual who serves as a mediator under this chapter:
(1) May not be an employee of the SEA or the
LEA that is involved in the education or care of the child; and
(2) Must not have a personal or professional
interest that conflicts with the person's objectivity.
b. A person who otherwise qualifies as a
mediator is not an employee of an LEA or state agency described under rule
281-41.228 (256B, 34CFR300) solely because the person is paid by the agency to
serve as a mediator.
(4)
Mediation procedures. A request for mediation filed before the
filing of a due process complaint shall be conducted according to the
procedures described in rule
281-41.1002 (256B, 34CFR300
).
(5)
Rule of
construction . The department shall accept documents captioned as
requests for a "preappeal conference" as requests for mediation prior to the
filing of a due process complaint.
Notes
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