Section 1415 (e) (2)

(2) Requirements

  • Such procedures shall meet the following requirements:
    • (A) The procedures shall 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 subsection (f), or to deny any other rights afforded under this subchapter; and
      • (iii) is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.

    • (B) Opportunity to meet with a disinterested party.—A local educational agency or a State agency may establish procedures to offer to parents and schools that choose not to use the mediation process, an opportunity to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with—
      • (i) a parent training and information center or community parent resource center in the State established under section 1471 or 1472 of this title; or
      • (ii) an appropriate alternative dispute resolution entity,

      • to encourage the use, and explain the benefits, of the mediation process to the parents.

    • (C) List of qualified mediators.—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.
    • (D) Costs.—The State shall bear the cost of the mediation process, including the costs of meetings described in subparagraph (B).
    • (E) Scheduling and location.—Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
    • (F) Written agreement.—In the case that a resolution is reached to resolve the complaint through the mediation process, the parties shall execute a legally binding agreement that sets forth such resolution and that—
      • (i) states that all discussions that occurred during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding;
      • (ii) is signed by both the parent and a representative of the agency who has the authority to bind such agency; and
      • (iii) is enforceable in any State court of competent jurisdiction or in a district court of the United States.

    • (G) Mediation discussions.—Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding.
    • Severe Discrepancy
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      Last modified on November 7, 2019