14 Del. Admin. Code § 926-6.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 926-6.0 - Mediation

6.1 General: The DOE shall offer and ensure that procedures are established and implemented to allow parties to disputes involving any matter under these regulations, including matters arising prior to the filing of a due process complaint, to resolve disputes through a mediation process.

6.2 Requirements: The mediation process offered by the DOE shall be:

6.2.1 Voluntary on the part of the parties;

6.2.2 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; and

6.2.3 Conducted by a qualified and impartial mediator who is trained in effective mediation techniques. In addition, parents will be permitted to be accompanied and advised at mediation by individuals of their choice. Any public agency involved in mediation shall assure that an individual from the public agency with the authority to make decisions and commit resources to agreed upon services attends the mediation.

6.3 Any LEA or other public 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 an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the State established under section 671 or 672 of the Act; and who would explain the benefits of, and encourage the use of, the mediation process to the parents.

6.3.1 The DOE 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, select mediators on a random, rotational, or other impartial basis and bear the cost of the mediation process, including the costs of meetings described in subsection 6.3.

6.4 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.

6.5 If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth that resolution and that:

6.5.1 States 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; and

6.5.2 Is signed by both the parent and a representative of the agency who has the authority to bind such agency.

6.6 A written, signed mediation agreement in subsection 6.5 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 shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding of any Federal court or Delaware court.

6.7 Impartiality of mediator; An individual who serves as a mediator under these regulations may not be an employee of the DOE or the LEA that is involved in the education or care of the child; and shall not have a personal or professional interest that conflicts with the person's objectivity.

6.7.1 A person who otherwise qualifies as a mediator is not an employee of an LEA, the DOE or other State agency described in 14 DE Admin. Code 924, Section 28.0 solely because he or she is paid by the agency to serve as a mediator.

(Authority: 20 U.S.C. 1415(e); 14 Del.C. § 3110)

14 Del. Admin. Code § 926-6.0

26 DE Reg. 847 (4/1/2023) (final)