Indiana Administrative Code
Title 511 - INDIANA STATE BOARD OF EDUCATION
Article 7 - SPECIAL EDUCATION
Rule 45 - Complaints, Mediation, and Due Process Procedures
Section 45-2 - Mediation
Current through September 27, 2023
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
(a) A request for mediation may be initiated by either the parent or the public agency, but the mediation process cannot begin unless both parties agree to participate. Mediation may be requested to resolve disputes regarding any of the following:
(b) Mediation may occur prior to or concurrent with a request for a due process hearing. A request for mediation shall not:
(c) The division of special education shall bear the cost of the mediation process.
(d) Persons who serve as mediators shall:
(e) The division of special education shall do the following:
A person who otherwise qualifies as a mediator is not considered an employee of the department of education solely because he or she is paid by the department of education to serve as a mediator.
(f) Each session in the mediation process shall be:
(g) If the parties resolve a dispute through the mediation process, the parties must execute a legally binding written mediation agreement that sets forth the parties' resolution. The written mediation agreement must:
(h) A written, signed mediation agreement under this section is enforceable in any state court of competent jurisdiction or in a district court of the United States. Discussions that occur during the mediation process:
(i) In addition to the enforcement mechanisms is subsection (h), a written, signed mediation agreement under this section is enforceable through the complaint process in section 1 of this rule. However, use of the complaint process:
(j) A public agency may establish procedures to offer 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 who:
The procedures must be approved by the division of special education prior to implementation by the public agency, and the public agency may not use these procedures to deny or delay a parent's right to a due process hearing if the parent fails to participate in the meeting. The division of special education shall bear the cost of the meetings in accordance with the written procedures.
Indiana State Board of Education; 511 IAC 7-45-2; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA
Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA