Louisiana Administrative Code
Title 28 - EDUCATION
Part XLIII - Bulletin 1706-Regulations for Implementation of the Children with Exceptionalities Act
Subpart 2 - Regulations for Gifted/Talented Students
Chapter 15 - Procedural Safeguards
Section XLIII-1504 - Mediation
Universal Citation: LA Admin Code XLIII-1504
Current through Register Vol. 50, No. 9, September 20, 2024
A. General. Mediation shall be available to allow parties to disputes involving any matter under these regulations. At a minimum, mediation shall be offered whenever a due process hearing is requested. However, mediation is available at any time, whether or not a request for due process has been made.
1. Mediation, which is
voluntary on the part of both parties, shall be conducted by a qualified and
impartial mediator trained in effective mediation techniques and assigned by
the department.
2. Mediation shall
not be used to deny or delay a parent's right to a due process hearing or to
deny any other rights.
3. The
department shall maintain a list of individuals who are qualified mediators
knowledgeable in laws and regulations relating to the provision of special
education and related services.
4.
The impartial mediator may not be an employee of any LEA or state agency that
is providing direct services to the student. The mediator shall not have a
personal or professional conflict of interest. A person who otherwise qualifies
as a mediator shall not be an employee of a LEA solely because he or she is
paid by the agency to serve as a mediator.
5. The department shall bear the cost of the
mediation process.
6. 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.
7. An agreement reached by the parties to the
dispute in the mediation process shall be set forth in a written mediation
agreement 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;
b. is signed by both
the parent and a representative of the agency who has the authority to bind
such agency; and
c. shall be
enforceable in any court of competent jurisdiction.
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. The parties to the
mediation process may be required to sign a confidentiality pledge prior to the
commencement of the process.
AUTHORITY NOTE: Promulgated in accordance with R.S. 17:1941 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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