STATE OF MICHIGAN
BOARD OF EDUCATION OF THE ____________ PUBLIC SCHOOLS
___________________, on behalf of her child
___________________,
Petitioner,
v
BOARD OF EDUCATION OF THE
____________ PUBLIC SCHOOLS,
Respondent.
AGREEMENT TO COMBINE
MEDIATION WITH INFORMAL HEARING
This Agreement is between the ____________ Public Schools ("District") and ____________ ("parent"),
on behalf of her child ____________.
On _________________, 1998, an Individual Educational Planning
Committee (IEPC) was held concerning ____________. The parent disagreed with its determination and requested a
due process hearing. _________________________ was mutually selected to serve as the hearing officer.
It is the desire of the parties to expedite the resolution of
this matter by combining the mediation and hearing processes. Accordingly, the parties agree to the following:
1. Both parties, being represented by advocates, have been fully
apprised and know their rights relating to mediation and a due process hearing under the Individuals with Disabilities
Education Act (IDEA) and its regulations. However, given their mutual desire to expedite the resolution of this
matter, both parties are willing to waive certain of those rights (e.g., have mediation conducted prior to the
start of a hearing, have a more formal hearing including the cross-examination of witnesses, etc.), so as to allow
this matter to be conducted in accordance with the following procedures.
2. Within five calendar days after this Agreement is approved
by the hearing officer, each party shall provide to the hearing officer a brief written statement of their position,
providing a copy to the opposing party.
3. Upon approval of this Agreement by the hearing officer, she
shall schedule a date for the mediation/informal hearing that is reasonably convenient to the parties and their
advocates. The initial session shall be conducted as if the hearing officer were serving in the role of a mediator.
The advocates and resource person/witnesses shall all be present, seated around the table, and sworn in. The discussion
during joint mediation sessions shall be transcribed by a court reporter. Discussions which the hearing officer
as mediator has in private caucuses shall not be transcribed. As in traditional mediation, disputed issues shall
be identified, discussed, and hopefully resolved. To the extent resolved, such shall be specifically noted on the
record. However, to the extent any disputed issue is not resolved, the prior discussion as transcribed shall serve
as the record upon which the hearing officer shall base her decision except that either party may informally place
additional evidence on the record after the mediation session is concluded through the submission of documents
or asking other persons around the table questions informally.
If either party in private caucuses during the mediation session advise the hearing officer of information or other
facts which did not later become a part of the record, the parties acknowledge and understand that the hearing
officer shall not consider such facts/information in making her decision. If the hearing officer believes such
facts/information are necessary or have significant relevance in making the decision, she shall in private caucus
advise the party who disclosed the fact/information and seek that party's permission to have her or the party place
it on the record. Absent such fact/information being placed on the record (in order that the opposing party has
an opportunity to be aware of it and possibly respond) as noted above, the fact/information shall not be considered
by the hearing officer in rendering a decision. Should any procedural matters arise which the parties have not
anticipated, the hearing officer is authorized to resolve them in a manner which is fair to both parties and in
keeping with the underlying purpose of this Agreement.
4. If some unresolved matters must be determined by the hearing
officer, at the close of the hearing session, each party may verbally or in writing provide to the hearing officer,
if desired, a closing statement. The hearing officer shall render a decision within ten days after the submission
of such statements, the decision to be consistent with all the requirements of IDEA. Both parties retain the right
to appeal that decision as provided by law. Under this Agreement, the hearing officer retains all those rights
and responsibilities which any hearing officer would have under IDEA, the parties only waiving, as noted above,
their rights to have the mediation and hearing processes separate and have the hearing conducted more formally,
e.g., cross-examine witnesses, etc.
5. Upon the signing of this Agreement it shall be forwarded
to the hearing officer who, upon reviewing its terms, may enter an order approving it.
Dated: ___________________
___________________________
Parent of
___________________
___________________ PUBLIC SCHOOLS
Dated:____________________ By: _________________________, Director of Special Education
