Ariz. Admin. Code § 7-2-405.02

Current through Register Vol. 30, No. 45, November 8, 2024

Section R7-2-405.02 - Special Education Dispute Resolution; Mediation

In accordance with the Individuals with Disabilities Education Act, the Department shall provide parents of students with disabilities and public education agencies the opportunity to resolve disputes involving any matter under IDEA, including matters arising prior to the filing of a request for due process, through a mediation process.

1. The mediation process shall:

a. Be voluntary on the part of both parties,

b. Not be used to deny or delay a parent's right to a due process hearing or any other rights afforded under Part B of the IDEA,

c. Be conducted by a qualified and impartial mediator who is trained in effective mediation techniques.

2. The Department 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.

3. The Department shall select mediators on a random or rotational basis.

4. The Department shall bear the cost of the mediation process.

5. Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to both the parent and the public education agency.

6. If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that:

a. 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 hearings or civil proceedings,

b. Is signed by both the parent and a representative of the public education agency who has the authority to bind the agency, and

c. Is enforceable in any state court of competent jurisdiction or in a district court of the United States.

7. Whether or not the dispute is resolved through mediation, discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings of any federal court or state court.

8. Impartiality of the Mediator. An individual who serves as a mediator:

a. May not be an employee of the Department or of the public education agency that is involved in the education or care of the student.

b. Shall not have a personal or professional interest that conflicts with the person's objectivity.

c. Is not an employee of the Department or of a public education agency solely because the mediator is paid by the Department of Education to serve as a mediator.

Ariz. Admin. Code § R7-2-405.02

New Section made by exempt rulemaking at 16 A.A.R. 201, effective December 7, 2009 (Supp. 10-1).