Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 140 - EARLY INTERVENTION SERVICES FOR INFANTS AND TODDLERS
Section 11-140-9 - Mediation
Current through February, 2024
(a) Mediation is available to allow parties to resolve disputes regarding eligibility, evaluation, placement, or provision of early Intervention Services prior to the filing of an administrative complaint or due process hearing request.
(b) A parent seeking mediation shall submit the mediation request in writing to the department and shall identify any area(s) of concern and the facts relating to the concern(s).
(c) The department shall provide a mediation process that is:
(d) The department shall maintain a list of qualified mediators who are knowledgeable in laws and regulations relating to the provision of early Intervention Services and must select mediators on a random, rotational, or other impartial basis.
(e) The department shall bear all costs of the mediation process, including the cost of meetings described in subsection (f).
(f) Each meeting in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties in the dispute.
(g) If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth the resolution and that states that all discussions that occurred during the mediation process will remain confidential and may not be used in any subsequent due process hearing or civil proceeding. The mediation agreement shall be signed by both the parent and a representative of the department who has authority to sign the agreement.
(h) A written, signed mediation agreement is enforceable in any State court of competent Jurisdiction or in a district court of the United States.
(i) The department may establish procedures to offer to parents who choose not to use the mediation process, an opportunity to meet, at a time and location convenient to the parents, with a disinterested party who: