I2400.08a - Dispute Resolution - Mediation

Rule:

The district or parent may request mediation from ODE for any special education matter, including before the filing of a complaint or due process hearing request.
The district acknowledges that:
1. Mediation must be voluntary on the part of the parties, must be conducted by a qualified and impartial mediator who is trained in effective mediation techniques and may not be used to deny or delay a parent’s right to a due process hearing or filing a complaint.
2. Each mediation session must be scheduled in a timely manner and must be held in a location that is convenient to the parties to the dispute.
3. An agreement reached by the parties to the dispute in the mediation process must be set forth in a legally binding written mediation agreement that:
  1. States the terms of the agreement;
  2. States that all discussions that occurred during the mediation process remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and
  3. Is signed by the parent and a representative of the school district who has the authority to bind the district to the mediation agreement.
4. Mediation communication will not be confidential if it relates to child or elder abuse and is made to a person who is required to report abuse, or threats of physical harm, or professional conduct affecting licensure.
5. The mediation agreement will be enforceable in any state court of competent jurisdiction or in a district court of the United States.

Policy Category:

I Instruction

Position Responsible:

Deputy Superintendent

This Revision Edited by:

K.C. Clark

Department:

Instruction 790-7550

Administrative Rules