12 Colo. Code Regs. § 2509-10-7.991
Current through Register Vol. 47, No. 11, June 10, 2024
Section 12 CCR 2509-10-7.991 - MEDIATIONA. A statewide mediation system shall be available to ensure that: 1. Any individual may voluntarily access a non-adversarial process for the resolution of disputes.2. Is at no cost to the parties involved in the mediation; and,3. It shall not be used to deny or delay a parent the right to a due process hearing, or to deny any other rights, in accordance with 20 U.S.C. 1439, which is incorporated by reference as defined in Section 7.900, A, 4; and,4. It shall be scheduled and held in a location that is convenient to the parties involved in the mediation.B. A request for mediation by a parent or an early intervention services provider shall be submitted to the Department using either the state form or another signed written request.C. A mediation agreement reached by the parties to the dispute in the mediation process shall be set forth in a legally binding written mediation agreement that sets forth that resolution and that: 1. States that all discussions that occurred during the mediation process shall remain confidential and shall not be used as evidence in any subsequent due process hearing or civil proceeding; and,2. Is signed by a parent and a representative of the agency who has the authority to bind such agency.D. A written, signed mediation agreement shall be enforceable in any state court of competent jurisdiction or in a district court of the United States.38 CR 11, June 10, 2015, effective 7/1/201539 CR 17, September 10, 2016, effective 10/1/201641 CR 23, December 10, 2018, effective 1/1/201943 CR 19, October 10, 2020, effective 10/30/202045 CR 07, April 10, 2022, effective 4/30/2022