N.J. Admin. Code § 8:17-13.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:17-13.4 - Procedural Safeguards Office responsibilities in mediation procedure

(a) The Procedural Safeguards Office shall:

1. Date-stamp each mediation request immediately upon receipt;

2. Maintain a log of all mediation requests (mediation log), which shall consist of:

i. The mediation request number;

ii. The date the Procedural Safeguards Office receives the mediation request;

iii. The name of the requester; and

iv. The completion date of each step in the process;

3. Create a file containing all the documents related to the mediation;

4. Determine parental consent for mediation.

i. If the parent does not consent to mediation, the Procedural Safeguards Office shall notify the provider agency seeking mediation; or

ii. If the parent consents to mediation, the Procedural Safeguards Office shall confirm that the parent has given informed consent to mediation;

5. Within two business days of a request for mediation by a parent, or confirmation of parental consent to mediation, identify an appropriate mediator, notify the mediator in writing of the request for mediation, and transmit a copy of the notice to parties to the mediation process, which notice shall contain:

i. The names, addresses, and telephone numbers of the parties to participate in the mediation;

ii. The need for interpretive or translation services, or alternative communication services, if any;

iii. The nature of the dispute that has resulted in the request for mediation;

iv. A directive to parties representing the Early Intervention System to bring to the mediation a complete copy of the child's early intervention record;

v. A statement of the right of all parties to bring any documentation or information believed relevant to the issues under discussion, and to be accompanied by any persons of their choice;

vi. A statement notifying parents that it is not necessary to have an attorney at the mediation and that if they decide not to bring an attorney, the other parties cannot bring attorneys to the mediation;

vii. A statement notifying all parties that they are not entitled to legal fees from the Early Intervention System;

viii. A description of the mediation process, including the non-adversarial nature of the process; and

ix. A statement that the parent's participation in mediation is voluntary in nature, that the parent may refuse or withdraw from the mediation process at any time, that mediation cannot be used to deny or delay a parent's right to an impartial due process hearing or any other rights afforded pursuant to Part C of IDEA, including resolution of a complaint; and that the parent has the right to request an impartial due process hearing or file a complaint at any time in the process;

6. Administer the scheduling of the mediation by making appropriate arrangements for the proceeding, by:

i. Convening the mediation within 10 calendar days of the receipt of the request for mediation on a date, and at a time and location convenient to the parties;

ii. Notifying the parties in writing of the date, time, and location of the mediation proceedings; and

iii. Ensuring, as needed and to the maximum extent possible, the provision of appropriate interpretive, translation or alternative communication services;

7. Within 30 calendar days of the receipt of the request for mediation, transmit a copy of the written mediation agreement to all parties to the mediation, the service coordinator, and the applicable local or regional provider agency, and shall document this activity in the mediation log;

8. If the parties to a mediation were unable to reach agreement as to the issues being mediated, then, within 30 calendar days of the receipt of the request for mediation, shall document this result in the mediation log and shall notify in writing all parties to the mediation, the service coordinator, and the applicable local or regional provider agency stating that:

i. The parties did not reach an agreement;

ii. The process is confidential;

iii. Discussions held during the mediation cannot be used as evidence in any subsequent impartial due process hearing or civil action; and

iv. The parent has the right to an impartial due process hearing or complaint investigation and the procedures for requesting these dispute resolution options; and

9. Shall maintain mediation records for at least three years or in accordance with the applicable State records retention schedule, whichever is later.

N.J. Admin. Code § 8:17-13.4