Kan. Admin. Regs. § 91-40-53 - Resolution of interagency agreement disputes
(a) If a
dispute arises under an interagency agreement entered into under
K.S.A.
72-966 and amendments thereto, the parties to
the dispute shall resolve the matter under either of the procedures specified
in this regulation.
(b)
(1) Parties to an interagency agreement
dispute may select a mutually agreed-upon mediator, or they may make a joint
request to the commissioner of education to appoint a person to serve as
mediator. Upon receiving a request for the appointment of a mediator, a
mediator shall be promptly appointed by the commissioner of education.
(2) The parties to any interagency
agreement dispute shall divide equally the costs of the mediation process.
(c)
(1) If the parties to an interagency
agreement dispute do not agree to mediate the disagreement or are unable to
resolve the dispute through mediation, either party may initiate an
administrative hearing by filing a request for a hearing with the commissioner
of education.
(2) Upon receiving a
request for an administrative hearing under this regulation, an attorney in
private practice shall be appointed by the commissioner of education to conduct
the hearing. The hearing officer shall be selected from the list of special
education due process hearing officers that is required to be maintained under
K.S.A.
72-973 and amendments thereto.
(3) Upon being appointed, the hearing officer
shall notify the parties of the appointment and shall commence the hearing
procedures. The hearing officer shall conduct the hearing in accordance with
the Kansas administrative procedure act and shall issue a final order in regard
to the matter.
(4) The hearing
officer, as part of the order, shall assess the costs of the hearing as
determined appropriate based upon the outcome of the hearing.
(d) If a party to an interagency
agreement fails to provide the transition services described in a child's IEP,
the agency responsible for the child's education shall reconvene the child's
IEP team to identify alternative strategies to meet the transition objectives
for the student as set out in the IEP.
Notes
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