NC 1504-1.7 Mediation

Plain English summary

This regulation requires each LEA to establish and implement mediation procedures allowing parties to resolve disputes involving any matter under these Policies, including matters arising before a due process hearing is filed. Mediation must be voluntary, conducted by a qualified impartial mediator, and fully funded by the SEA. Any resolution reached through mediation must be documented in a legally binding, confidential agreement signed by both the parent and an authorized LEA representative.

Key requirements

• Each LEA must ensure that procedures are established and implemented to allow parties to disputes involving any matter under these Policies, including matters arising prior to the filing of a petition for a due process hearing, 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 request for a due process hearing, or to deny any other rights afforded under Part B of the IDEA.
• The mediation process is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
• The SEA 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 SEA 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.
• 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 is signed by both the parent and a representative of the LEA who has the authority to bind such agency.
• A written, signed mediation agreement under this paragraph is enforceable by the SEA through the State complaint process, 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 the IDEA.
• 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

• Local Education Agencies (LEAs)
• State Education Agency (SEA)
• Parents of students with disabilities
• Students with disabilities
• Mediators
• Schools

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=86