(a) General. Each public agency shall ensure that procedures are established and implemented to allow parties to disputes involving any matter described in Sec. 300.503(a)(1) to resolve the disputes through a mediation process that, at a minimum, must be available whenever a hearing is requested under Secs. 300.507 or 300.520-300.528.
(b)
Requirements. The procedures must meet the following requirements:
(1) The procedures must ensure that the mediation process--
(i) Is voluntary on the part of the parties;
(ii) Is not used to deny or delay a parent's right to a due
process hearing under Sec. 300.507, or to deny any other rights
afforded under Part B of the Act; and
(iii) Is conducted by a qualified and impartial mediator
who is trained in effective mediation techniques.
(2)(i) The State shall 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.
(ii) If a mediator is not selected on a random (e.g., a rotation)
basis from the list described in paragraph (b)(2)(i) of this
section, both parties must be involved in selecting the mediator
and agree with the selection of the individual who will mediate.
(3) The State shall bear the cost of the mediation process,
including the costs of meetings described in paragraph (d) of this
section.
(4) 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.
(5) An agreement reached by the parties to the dispute in
the mediation process must be set forth in a written mediation
agreement.
(6) Discussions that occur during the mediation process must be
confidential and may not be used as evidence in any subsequent
due process hearings or civil proceedings, and the parties to the
mediation process may be required to sign a confidentiality pledge
prior to the commencement of the process.
(c) Impartiality of mediator.
(1) An individual who serves as a mediator under this part--
(i) May not be an employee of--
(A) Any LEA or any State agency described under Sec. 300.194;
or
(B) An SEA that is providing direct services to a child who
is the subject of the mediation process; and
(ii) Must not have a personal or professional conflict of interest.
(2) A person who otherwise qualifies as a mediator is not an employee
of an LEA or State agency described under Sec. 300.194 solely because
he or she is paid by the agency to serve as a mediator.
(d) Meeting to encourage mediation.
(1) A public agency may establish procedures to require parents
who elect not to use the mediation process to meet, at a time
and location convenient to the parents, with a disinterested
party--
(i) Who is under contract with a parent training and information
center or community parent resource center in the State established
under section 682 or 683 of the Act, or an appropriate alternative
dispute resolution entity; and
(ii) Who would explain the benefits of the mediation process,
and encourage the parents to use the process.
(2) A public agency may not deny or delay a parent's right to a
due process hearing under Sec. 300.507 if the parent fails to participate
in the meeting described in paragraph (d)(1) of this section.
(Authority: 20 U.S.C. 1415(e))
