La. Admin. Code tit. 28 § XLIII-506

Current through Register Vol. 50, No. 3, March 20, 2024

Section XLIII-506 - Mediation

A. General. Mediation shall be available 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.

B. Procedures. The LDE adopts the following procedures to ensure:

1. that the mediation process:

a. is voluntary on the part of both parties;

b. is not used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under part B of the IDEA; and

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

2. a 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:

a. 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 §671 or §672 of the IDEA; and

b. who would explain the benefits of, and encourage the use of, the mediation process to the parents;

3.

a. the LDE 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;

b. the LDE shall assign mediators on a rotational basis;

4. the LDE shall bear the cost of the mediation process, including the costs of meetings described in Paragraph B.2 of this Section;

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 the parties to the dispute;

6. 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:

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 hearing or civil proceeding; and

b. is signed by both the parent and a representative of the agency who has the authority to bind such agency;

7. a written, signed mediation agreement under this Paragraph shall be enforceable in any state court of competent jurisdiction or in a district court of the United States;

8. 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.

C. Impartiality of Mediator

1. An individual who serves as a mediator under these regulations:

a. may not be an employee of the LDE or the LEA that is involved in the education or care of the student; and

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

2. A person who otherwise qualifies as a mediator is not an employee of an LEA or state agency described under §228 solely because he or she is paid by the agency to serve as a mediator.

La. Admin. Code tit. 28, § XLIII-506

Promulgated by the Board of Elementary and Secondary Education, LR 34:2070 (October 2008).

AUTHORITY NOTE: Promulgated in accordance with R.S.17:1941 et seq.