§ 300.506 Mediation.

Plain English summary

This section requires each public agency to establish and implement procedures allowing parties to resolve disputes—including matters arising before a due process complaint is filed—through a voluntary mediation process. The mediation must be conducted by a qualified, impartial mediator selected by the SEA, with all costs borne by the State, and any resulting agreement is legally binding and enforceable in State or Federal court. Discussions during mediation are confidential and cannot be used as evidence in subsequent due process hearings or civil proceedings.

Key requirements

• Each public agency must ensure that procedures are established and implemented to allow parties to disputes involving any matter under this part, including matters arising prior to the filing of a due process complaint, to resolve disputes through a mediation process.
• The mediation process is voluntary on the part of the parties.
• The mediation process is not used to deny or delay a parent's right to a hearing on the parent's due process complaint, or to deny any other rights afforded under Part B of the Act.
• The mediation process is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
• The State must 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.
• The SEA must select mediators on a random, rotational, or other impartial basis.
• The State must bear the cost of the mediation process, including the costs of meetings described in paragraph (b)(2) of this section.
• 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.
• If the parties resolve a dispute through the mediation process, the parties must execute a legally binding agreement that sets forth that resolution.
• The legally binding agreement must state that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding.
• The agreement must be signed by both the parent and a representative of the agency who has the authority to bind such agency.
• A written, signed mediation agreement under this paragraph is enforceable in any State court of competent jurisdiction or in a district court of the United States.
• Discussions that occur during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding of any Federal court or State court of a State receiving assistance under this part.
• An individual who serves as a mediator may not be an employee of the SEA or the LEA that is involved in the education or care of the child.
• An individual who serves as a mediator must not have a personal or professional interest that conflicts with the person's objectivity.

Affected parties

• public agencies
• state educational agencies (SEAs)
• local educational agencies (LEAs)
• parents
• qualified mediators
• alternative dispute resolution entities
• parent training and information centers
• community parent resource centers

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.506