Mont. Admin. r. 10.16.3506 - VOLUNTARY MEDIATION
(1) Upon receipt by
mail of a written request for mediation signed by all parties to a special
education controversy as defined in
34 CFR
300.506, prior to, during, or after a request
for a due process hearing under ARM
10.16.3507, the Superintendent of
Public Instruction shall appoint an impartial mediator.
(2) Mediation may not be used in the case of
revocation of parental consent for placement.
(3) The parties may mutually agree to any
qualified mediator whose name is included on the list maintained by the
Superintendent of Public Instruction. If the parties agree to a mediator, the
name of the mediator will be included in the request for mediation.
(4) If the request for mediation does not
include the name of a qualified mediator, the process for selection is as
follows:
(a) The Superintendent of Public
Instruction shall mail to each party the names of three mediators from its list
of qualified mediators knowledgeable in special education laws and
regulations.
(b) Upon receipt of
the list of names, the parties shall have three business days to review the
list, prioritize their selection, and return the list to the Superintendent of
Public Instruction.
(c) If, despite
efforts to arrive at a mutually agreeable choice, the parties cannot agree, the
Superintendent of Public Instruction shall appoint a mediator from the names
sent to the parties.
(5)
The mediator shall schedule a mediation session in a timely manner, but no
later than 30 days from the date of receipt of the request for mediation at the
office of the Superintendent of Public Instruction.
(6) Mediation shall comply with
34 CFR
300.506.
Notes
20-7-402, MCA; IMP, 20-7-403, MCA;
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