Section 11969.10 - Mediation of DisputesIf a dispute arises between a school district and a charter school concerning the provisions of Education Code section 47614 or this article, nothing in this article shall preclude the dispute being subject to mediation in accordance with the procedures set forth in this section, if agreeable to both parties. Mediation consists of the following:
(a) The initiating party shall select a mediator, subject to the agreement of the responding party. If, though agreeing to mediation, the parties are unable to agree upon a mediator, the CDE shall be requested by the initiating party to appoint a mediator within seven days to assist the parties in resolving the dispute. The mediator shall meet with the parties as quickly as possible.(b) Within seven days of the selection or appointment of the mediator, the party initiating the dispute resolution process shall prepare and send to both the responding party and the mediator a notice of dispute that shall include the following information:(1) The name, address, and phone numbers of designated representatives of the parties;(2) A statement of the facts of the dispute, including information regarding the parties' attempts to resolve the dispute;(3) The specific sections of the statute or regulations that are in dispute; and(4) The specific resolution sought by the initiating party.(c) Within seven days of receiving the information specified in subdivision (b), the responding party shall file a written response.(d)(1) The mediation procedure shall be entirely informal in nature. However, copies of exhibits upon which either party bases its case shall be shared with the other party. The relevant facts shall be elicited in a narrative fashion to the extent possible, rather than through examination and cross-examination of witnesses. The rules of evidence will not apply and no record of the proceedings will be made.(2) If an agreement is reached, the agreement shall be reduced to writing and shall be signed by the school district and the charter school. The agreement shall not set a precedent for any other case.(3) If the school district and the charter school fail to meet within the specified time line, have not reached an agreement within 15 days from the first meeting held by the mediator, or if the mediator declares the parties at impasse, the mediation is terminated.(e) The costs of the mediation shall be divided equally by the two parties and paid promptly.Cal. Code Regs. Tit. 5, § 11969.10
1. New section filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9). For prior history, see Register 2002, No. 37. Note: Authority cited: Sections 33031 and 47614(b), Education Code. Reference: Section 47614, Education Code.
1. New section filed 2-28-2008; operative 3-29-2008 (Register 2008, No. 9). For prior history, see Register 2002, No. 37.