Section 5-E3028. MEDIATION

 

3028.1A parent of a child with a disability or the LEA may request mediation when there is a dispute about any matter related to the eligibility, identification, evaluation, or educational placement, or the provision of FAPE to a child.

 

3028.2The request for mediation shall be voluntary on the part of the parties.

 

3028.3The request for mediation may not be used to deny or delay a parent rights to due process in accordance with 20 U.S.C § 1415(f).

 

3028.4Mediation shall be conducted by a qualified and impartial mediator who is trained in effective mediation techniques and special education law.

 

3028.5A request to initiate mediation shall be made in writing to the SEA.

 

3028.6A mediation session shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties of the dispute.

 

3028.7An agreement reached by the parties to the dispute in the mediation shall be set forth in a written mediation agreement.

 

3028.8Discussions that occur during mediation shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceeding.

 

3028.9The parties to the mediation may be required to sign a confidentiality pledge before the commencement of the process.

 

source

Final Rulemaking published at 50 DCR 1854 (February 28, 2003).