Section He-M 203.04 - Resolution of Individual Child Complaints - Mediation(a) A parent may request mediation, in writing, involving any matter under He-M 510 or He-M 203.(b) If a parent is unable to make a request in writing, an agency or department employee receiving a complaint shall document the complaint in writing and seek to have the complaint signed by the complainant.(c) Requests for mediation shall be submitted, in writing, to the bureau.(d) Mediation shall be voluntary and not be used to deny or delay a parent's right to an impartial due process hearing under He-M 203.05, Part C of IDEIA, or He-M 510.(e) Within 10 days of a request for mediation, the mediator shall convene a session with the family and an area agency representative, at a location that is convenient to the family, to which each party may bring 3 participants.(f) An agreement shall be to the satisfaction of all parties to the dispute and not in conflict with state or federal law, rule, or policy.(g) The mediator shall record in writing any agreement reached during a mediation session and include: (1) A description of the resolution; and(2) A statement describing the requirements of (j) below.(h) All parties shall sign the written agreement.(i) The mediator shall provide all parties with a copy of the written agreement. (j) Discussions that occur during the mediation process shall be held confidential and not be used as evidence in any subsequent impartial due process hearings or civil proceedings.(k) If resolution is reached during mediation, the written agreement shall be legally binding and enforceable in a state court of competent jurisdiction or in a U.S. district court.(l) Parents may simultaneously file a written request for mediation and for an impartial due process hearing. If an agreement is reached in mediation, the due process hearing shall be cancelled.(m) Mediation shall be completed within 30 days of the receipt of a request for mediation. (n) The implementation of all procedural safeguards, including mediation, shall be carried out at the expense of the bureau.N.H. Admin. Code § He-M 203.04
#5744, eff 12-1-93; ss by #6727, eff 4-1-98; ss by #7233, eff 4-22-00; ss by #9135, INTERIM, eff 4-22-08 EXPIRED: 10-19-08
New. #9593, eff 11-11-09 (from He-M 203.10 ); ss by #10324, eff 4-26-13