5 CSR 20-500.200 - Mediation

5 CSR 20-500.200. Mediation

PURPOSE: This rule establishes the procedures for mediation for applicants or eligible individuals dissatisfied with a determination made regarding the provision of services by the Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended, 29 USC section 701 et. seq. and the Code of Federal Regulations, 34 CFR section 361.57(d).

(1) The applicant or eligible individual may request mediation regarding disputes involving any determination by the vocational rehabilitation (VR) that affects the provision of services. This request may be made in writing or by contacting the VR consumer affairs office. Mediation will be held within sixty (60) days of the request unless both parties agree to a specified time extension. Mediation is voluntary on the part of both the individual and VR.

(2) The assistant commissioner of the Office of Adult Learning and Rehabilitation Services or his/her designee will assign a mediator agreed to by both VR and the applicant or eligible individual.

(3) An agreement reached by the parties as a result of mediation shall be set forth in writing.

(4) A written mediation agreement shall be provided to the applicant or eligible individual, or if appropriate, the individual's guardian or other representative and to the assistant commissioner within thirty (30) days of completion of the mediation process.

(5) All discussions occurring during the mediation process shall be confidential and not used as evidence in any subsequent due process hearing or civil proceeding. Parties may be required to sign a confidentiality pledge prior to the commencement of mediation.

(6) An applicant or eligible individual may request mediation without informal review or a due process hearing.

(7) Mediation will not be used to deny or delay an individual's due process hearing.

(AUTHORITY: sections 161.092, 178.600, 178.610 and 178.620, RSMo 1994.* This rule previously filed as 5 CSR 90-4.430. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Moved to 5 CSR 20-500.200, effective Aug. 16, 2011. Amended by Missouri Register July 1, 2014/Volume 39, Number 13, effective 8/31/2014)

*Original authority: 161.092, RSMo 1963, amended 1973; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.

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