Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 52 - REGULATIONS AND STANDARDS FOR THE PROVISION OF EARLY INTERVENTION SERVICES
Section 92-52-009 - Procedural Safeguards
Universal Citation: 92 NE Admin Rules and Regs ch 52 ยง 009
Current through March 20, 2024
009.01 Confidentiality and Notice to Parents
009.01A
The school district or approved cooperative must ensure that the parents of a
child referred for early intervention services are afforded the right to
confidentiality of personally identifiable information, including the right to
written notice of, and written consent to, the exchange of that information
among agencies, consistent with Federal and State laws.
009.01B The parents of infants or toddlers
who are referred to, or receive early intervention services, are afforded the
opportunity to inspect and review all early intervention records about the
child and the child's family that are collected, maintained, or used under 92
NAC 52, including records related to evaluations and assessments, screening,
eligibility determinations, development and implementation of IFSPs, provision
of FAPE early intervention services, individual complaints involving the child,
or any part of the child's early intervention record under 92 NAC 52.
009.01B1 The confidentiality procedures
described in 92 NAC 52-009.01B apply to the personally identifiable information
of a child and the child's family that:
009.01B1a Is contained in early intervention
records collected, used, or maintained by the school district or approved
cooperative; and
009.01B1b Applies
from the point in time when the child is referred for early intervention
services under 92 NAC 52 until the later of when the participating agency is no
longer required to maintain or no longer maintains that information under
applicable Federal and State laws.
009.02 Records
009.02A The following definitions apply to 92
NAC 52-009.01 through
009.02M2:
009.02A1 Destruction means physical
destruction of the record or ensuring that personal identifiers are removed
from a record so that the record is no longer personally identifiable under 92
NAC
52-009.02A4.
009.02A2 Early intervention records mean all
records regarding a child that are required to be collected, maintained, or
used under 92 NAC 52.
009.02A3
Participating agency means any school district or approved cooperative that
collects, maintains, or uses personally identifiable information to implement
the requirements in 92 NAC 52.
009.02A4 Personally identifiable information
means personally identifiable information as defined in
34 CFR
99.3, as amended, except that the term
"student" in the definition of personally identifiable information in
34 CFR
99.3 means "child" as used in 92 NAC 52 and
any reference to "school" means school district or approved cooperative as used
in 92 NAC 52.
009.02B
Access Rights
009.02B1 Each participating
agency must permit parents to inspect and review any early intervention records
relating to their children that are collected, maintained, or used by the
agency under 92 NAC 52. The agency must comply with a parent's request to
inspect and review records without unnecessary delay and before any meeting
regarding an IFSP, or any hearing pursuant to 92 NAC 55, and in no case more
than 10 days after the request has been made.
009.02B2 The right to inspect and review
early intervention records under this section includes:
009.02B2a The right to a response from the
participating agency to reasonable requests for explanations and
interpretations of the early intervention records.
009.02B2b The right to request that the
participating agency provide copies of the early intervention records
containing the information if failure to provide those copies would effectively
prevent the parent from exercising the right to inspect and review the records;
and
009.02B2c The right to have a
representative of the parent inspect and review the early intervention
records.
009.02B3 An
agency may presume that the parent has authority to inspect and review records
relating to his or her child unless the agency has been provided documentation
that the parent does not have the authority under applicable State laws
governing such matters as custody, foster care, guardianship, separation, and
divorce.
009.02C Record
of access
009.02C1 Each participating agency
must keep a record of parties obtaining access to early intervention records
collected, maintained, or used under 92 NAC 52 (except access by parents and
authorized representatives and employees of the participating agency),
including the name of the party, the date access was given, and the purpose for
which the party is authorized to use the early intervention records.
009.02D Records on more than one
child
009.02D1 If any early intervention
record includes information on more than one child, the parents of those
children have the right to inspect and review only the information relating to
their child or to be informed of that specific information.
009.02E List of types and
locations of information
009.02E1 Each
participating agency must provide parents, on request, a list of the types and
locations of early intervention records collected, maintained, or used by the
agency.
009.02F Fees for
records
009.02F1 Each participating agency
may charge a fee for copies of records that are made for parents if the fee
does not effectively prevent the parents from exercising their right to inspect
and review those records, except as provided in 92 NAC
52-009.02F3.
009.02F2 A participating agency may not
charge a fee to search for or to retrieve information under this
Chapter.
009.02F3 A participating
agency must provide at no cost to parents, a copy of each evaluation,
assessment of the child, family assessment, and IFSP as soon as possible but in
no case more than seven days after each IFSP meeting.
009.02G Amendment of records at a parent's
request
009.02G1 A parent who believes that
information in the early intervention records collected, maintained, or used is
inaccurate, misleading, or violates the privacy or other rights of the child or
parent may request that the participating agency that maintains the information
amend the information.
009.02G2 The
participating agency must decide whether to amend the information in accordance
with the request within a reasonable period of time of receipt of the
request.
009.02G3 If the
participating agency refuses to amend the information in accordance with the
request, it must inform the parent of the refusal and advise the parent of the
right to a hearing under 92 NAC
52-009.02H.
009.02H Opportunity for a hearing
009.02H1 The participating agency must, on
request, provide parents with the opportunity for a hearing to challenge
information in their child's early intervention records to ensure that it is
not inaccurate, misleading, or otherwise in violation of the privacy or other
rights of the child or parents. A parent may request a hearing under the
participating agencies' procedures that are consistent with the FERPA hearing
requirements in
34
CFR 99.22 ).
009.02I Result of hearing
009.02I1 If, as a result of the hearing, the
participating agency decides that the information is inaccurate, misleading or
in violation of the privacy or other rights of the child or parent, it must
amend the information accordingly and so inform the parent in
writing.
009.02I2 If, as a result
of the hearing, the agency decides that the information is not inaccurate,
misleading, or in violation of the privacy or other rights of the child or
parent, it must inform the parent of the right to place in the early
intervention records it maintains on the child a statement commenting on the
information or setting forth any reasons for disagreeing with the decision of
the agency.
009.02I3 Any
explanation placed in the early intervention records of the child under this
section must:
009.02I3a Be maintained by the
agency as part of the early intervention records of the child as long as the
record or contested portion is maintained by the agency; and
009.02I3b If the early intervention records
of the child or the contested portion are disclosed by the agency to any party,
the explanation must also be disclosed to the party.
009.02J Hearing procedures
009.02J1 A hearing held under 92 NAC
52-009.02H must be
conducted according to the procedures under
34
CFR 99.22.
009.02K Consent prior to disclosure or use
009.02K1 Except as provided in 92 NAC
52-009.02K2, prior
parental consent must be obtained before personally identifiable information
is:
009.02K1a Disclosed to anyone other than
authorized representatives, officials, or employees of participating agencies
collecting, maintaining, or using the information under 92 NAC 52, subject to
92 NAC
52-009.02K2;
or
009.02K1b Used for any purpose
other than meeting a requirement of this part.
009.02K2 A participating agency may not
disclose personally identifiable information, as defined in 92 NAC
52-009.02A4, to
any party except participating agencies (including the co-lead agencies and
early intervention service providers) that are part of the State's early
intervention system without parental consent unless authorized to do so
pursuant to
34 CFR
303.414(b).
009.02K3 The school district or approved
cooperative must provide policies and procedures to be used when a parent
refuses to provide consent under 92 NAC 52 (such as a meeting to explain to the
parents how their failure to consent affects the ability of their child to
receive services under this Chapter) provided that those procedures do not
override a parent's right to refuse consent under 92 NAC
52-009.03A.
009.02L Safeguards
009.02L1 Each participating agency must
protect the confidentiality of personally identifiable information at the
collection, maintenance, use, storage, disclosure, and destruction
stages.
009.02L2 One official at
each participating agency must assume responsibility for ensuring the
confidentiality of any personally identifiable information.
009.02L3 All persons collecting or using
personally identifiable information must receive training or instruction
regarding the State's policies and procedures under 92 NAC
52-009.01 through
009.02M and 34 CFR
Part 99.
009.02L4 Each
participating agency must maintain, for public inspection, a current listing of
the names and positions of those employees within the agency who may have
access to personally identifiable information.
009.02M Destruction of information
009.02M1 The participating agency must inform
parents when personally identifiable information collected, maintained, or used
under 92 NAC 52 is no longer needed to provide services to the child under Part
C of the IDEA, the GEPA provisions in
20
U.S.C. 1232 f, and EDGAR, 34 CFR parts 76 and
80.
009.02M2 Subject to 92 NAC 52-
009.02M 1, the information must be destroyed at the request of the parents.
However, a permanent record of a child's name, date of birth, parent contact
information (including address and phone number), names of services
coordinator(s) and early intervention service provider(s), and exit data
(including year and age upon exit, and any programs entered into upon exiting)
may be maintained without time limitation.
009.03 Parental Consent and Notice
009.03A Parental consent and ability to
decline services
009.03A1 Pursuant to 480 NAC
10, the services coordinator must ensure parental consent is obtained before:
009.03A1a Administering screening procedures
under 92 NAC 52-006.03 that are used to determine whether a child is suspected
of having a disability;
009.03A1b
Initial evaluation and assessments of the child are conducted under 92 NAC
52-006.04 through 006.07; and
009.03A1c FAPE early intervention services
are provided to the child under 92 NAC 52.
009.03A2 School districts or approved
cooperatives shall ensure parental consent is obtained before:
009.03A2a All evaluation and assessments of
the child are conducted pursuant to 92 NAC 52-006.04 through 006.07 except
those provided in
009.03A1b;
009.03A2b Public benefits or private
insurance is used to pay for FAPE early intervention services if such consent
is required under 92 NAC
52-011.03C and
011.04A;
and
009.03A2c Disclosure of
personally identifiable information by the school district or approved
cooperative consistent with 92 NAC
52-009.02K.
009.03A3 If a parent does not give
consent under 92 NAC
52-009.03A 2a the
school district or approved cooperative must make reasonable efforts to ensure
that the parent:
009.03A3a Is fully aware of
the nature of the evaluation and assessment of the child or FAPE early
intervention services that would be available; and
009.03A3b Understands that the child will not
be able to receive the evaluation, assessment, or early intervention service
unless consent is given.
009.03A4 The school district or approved
cooperative may not use the due process hearing procedures under 92 NAC 55 to
challenge a parent's refusal to provide any consent that is required under 92
NAC
52-009.03A
2.
009.03A5 The parents of an
infant or toddler with a disability;
009.03A5a Determine whether they, their
infant or toddler with a disability, or other family members will accept or
decline any early intervention service at any time, in accordance with State
law; and
009.03A5b May decline a
service after first accepting it, without jeopardizing other FAPE early
intervention services under 92 NAC 52.
009.03B Prior written notice and procedural
safeguards notice
009.03B1 Except for initial
evaluation and assessment, prior written notice must be provided by the school
district or approved cooperative to parents a reasonable time before the school
district or approved cooperative proposes or refuses, to initiate or change the
identification, evaluation, or placement of their infant or toddler, or the
provision of FAPE early intervention services to the infant or toddler with a
disability and that infant's or toddler's family.
009.03B2 The notice must be in sufficient
detail to inform parents about:
009.03B2a The
action that is being proposed or refused;
009.03B2b The reasons for taking the action;
and
009.03B2c All procedural
safeguards that are available under 92 NAC 52-009, including a description of
mediation in 92 NAC 52-009.05, how to file a State complaint in 92 NAC
52-009.06 and a due process complaint in the provisions adopted under 92 NAC
55, and any timelines under those procedures.
009.03B3 The notice must be written in
language understandable to the general public; and provided in the native
language, as defined in 92 NAC 52-003.21, of the parent or other mode of
communication used by the parent, unless it is clearly not feasible to do so.
009.03B3a If the native language or other
mode of communication of the parent is not a written language, the school
district or approved cooperative must take steps to ensure that:
009.03B3a(1) The notice is translated orally
or by other means to the parent in the parent's native language or other mode
of communication;
009.03B3a(2) The
parent understands the notice; and
009.03B3a(3) There is written evidence that
the requirements of 92 NAC
52-009.03B 3a have
been met.
009.04 Surrogate Parents
009.04A The school districts or approved
cooperatives must ensure that the rights of a child under 92 NAC 52 are
protected when no parent (as defined in 92 NAC 52-003.20 ) can be identified);
the school district or approved cooperative, after reasonable efforts, cannot
locate a parent; or the child is a ward of the State under the laws of
Nebraska.
009.04B The duty of the
school district or approved cooperative under 92 NAC
52-009.04A,
includes the assignment of an individual to act as a surrogate for the parent.
This assignment process must include a method for determining whether a child
needs a surrogate parent; and assigning a surrogate parent to the child.
009.04B1 In implementing the provisions under
this section for children who are wards of the State or placed in foster care,
the school district or approved cooperative must consult with the public agency
that has been assigned care of the child.
009.04C In the case of a child who is a ward
of the State, the surrogate parent, instead of being appointed by the school
district or approved cooperative under 92 NAC
52-009.04B may be
appointed by the judge overseeing the infant or toddler's case provided that
the surrogate parent meets the requirements in 92 NAC
52-009.04D 1 and
009.04E.
009.04D The school district or approved
cooperative may select a surrogate parent in any way permitted under State law.
009.04D1 School districts or approved
cooperatives must ensure that a person selected as a surrogate parent:
009.04D1a Is not an employee of the co-lead
agencies or any other public agency or early intervention service provider that
provides early intervention services, education, care, or other services to the
child or any family member of the child;
009.04D1b Has no personal or professional
interest that conflicts with the interest of the child he or she represents;
and
009.04D1c Has knowledge and
skills that ensure adequate representation of the child.
009.04E A person who is otherwise
qualified to be a surrogate parent under 92 NAC
52-009.04D 1 is
not an employee of the school district or approved cooperative solely because
he or she is paid by the school district or approved cooperative to serve as a
surrogate parent.
009.04F The
surrogate parent has the same rights as a parent for all purposes under 92 NAC
52.
009.04G The school district or
approved cooperative must make reasonable efforts to ensure the assignment of a
surrogate parent not more than 30 days after the school district or approved
cooperative determines that the child needs a surrogate parent.
009.05 Mediation
009.05A Parties to disputes involving any
matter under 92 NAC 52, including matters arising prior to the filing of a due
process complaint, may resolve disputes through a mediation process at any
time.
009.05B The mediation
process:
009.05B1 Is voluntary on the part of
the parties;
009.05B2 Is not be
used to deny or delay a parent's right to a due process hearing, or to deny any
other rights afforded under 92 NAC 52; and
009.05B3 Is conducted by a qualified and
impartial mediator who is trained in effective mediation techniques.
009.05C Mediation Process
Requirements
009.05C1 The Nebraska Department
of Education maintains a list of individuals who are qualified mediators and
are knowledgeable in laws and regulations relating to the provision of FAPE
early intervention services.
009.05C2 The Nebraska Department of Education
assigns mediators on a random, rotational or other impartial basis.
009.05C3 The Nebraska Department of Education
bears the cost of the mediation process including the costs of meetings
described in 92 NAC 52-009.05E.
009.05C4 Each session in the mediation
process must be scheduled in a timely manner and must be held at a location
that is convenient to the parties in the dispute.
009.05C5 If the parties resolve a dispute
through the mediation process, the parties must execute a legally binding
agreement that sets forth that resolution and that:
009.05C5a 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
009.05C5b Is signed by both the
parent and a representative of the school district or approved cooperative who
has the authority to bind such school district or approved
cooperative.
009.05C6 A
written signed mediation agreement under 92 NAC 52-009.05C 5 is enforceable in
any State court of competence jurisdiction or in a district court of the United
States.
009.05C7 Discussions that
occur during the mediation process must be confidential and may not be used as
evidence in any subsequent due process hearing or civil proceeding of any
Federal court or State court of Nebraska.
009.05D An individual who serves as a
mediator under 92 NAC 52:
009.05D1 May not be
an employee of the co-lead agencies or an early intervention provider that is
involved in the provision of early intervention services or other services to
the child; and
009.05D1a A person who
otherwise qualifies as a mediator is not an employee of the co-lead agencies or
an early intervention provider solely because he or she is paid by the co-lead
agencies or provider to serve as a mediator.
009.05D2 Must not have a personal or
professional interest that conflicts with the person's
objectivity.
009.05E
School districts and approved cooperatives may offer to parents 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:
009.05E1 Who is under contract with an
appropriate alternative dispute resolution entity, or a parent training and
information center or community parent resource center established under
section 671 or 672 of the IDEA; and
009.05E2 Who would explain the benefits of,
and encourage the use of, the mediation process to the
parents.
009.06 Complaints
009.06A An organization or individual may
file a signed written complaint under the procedures described in 92 NAC
52-009.06.
009.06B The complaint
must include:
009.06B1 A statement that a
public agency has violated a requirement of 92 NAC 52;
009.06B2 The facts on which the statement is
based;
009.06B3 The signature and
contact information for the complainant; and
009.06B4 If alleging violations with respect
to a specific child:
009.06B4a The name and
address of the residence of the child;
009.06B4b The name of the school district or
approved cooperative serving the child;
009.06B4c A description of the nature of the
problem of the child, including facts relating to the problem; and
009.06B4d A proposed resolution of the
problem to the extent known and available to the party at the time the
complaint is filed.
009.06B5 The complaint must allege a
violation that occurred not more than one year prior to the date that the
complaint is received.
009.06B6 The
party filing the complaint must forward a copy of the complaint to the public
agency serving the child at the same time the party files the complaint with
the Nebraska Department of Education.
009.06C Within 60 days of receipt of a
complaint meeting the requirements of 92 NAC 52-009.06B the Nebraska Department
of Education will:
009.06C1 Carry out an
independent on-site investigation, if the Nebraska Department of Education
determines that an investigation is necessary;
009.06C2 Give the complainant the opportunity
to submit additional information, either orally or in writing, about the
allegations in the complaint;
009.06C3 Provide the public agency with an
opportunity to respond to the complaint, including, at a minimum:
009.06C3a At the discretion of the Nebraska
Department of Education, a proposal to resolve the complaint; and
009.06C3b An opportunity for a parent who has
filed a complaint and the public agency to voluntarily engage in mediation,
consistent with 92 NAC
52-009.05;
009.06C4 Review all relevant information and
make an independent determination as to whether the public agency is violating
a requirement of 92 NAC 52; and
009.06C5 Issue a written decision to the
complainant that addresses each allegation in the complaint and contains:
009.06C5a Findings of fact and conclusions;
and
009.06C5b The reasons for the
Nebraska Department of Education's final decision.
009.06C5c If the Nebraska Department of
Education finds a failure to provide appropriate services the final decision
must include corrective actions appropriate to address the needs of the infant
or toddler with a disability who is the subject of the complaint and the
infant's or toddler's family including technical assistance activities,
negotiations, and corrective actions to achieve compliance.
009.06D The Nebraska
Department of Education will permit an extension of the time limit under 92 NAC
52-009.06C only
if:
009.06D1 Exceptional circumstances exist
with respect to a particular complaint; or
009.06D2 The parent or individual and the
public agency involved agree to extend the time to engage in mediation pursuant
to 92 NAC
52-009.06C
3b.
009.06E Complaints
which are also the subject of a due process hearing
009.06E1 If a written complaint is received
that is also the subject of a due process hearing under 92 NAC 55, or contains
multiple issues of which one or more are part of that hearing, the Nebraska
Department of Education shall set aside any part of the complaint that is being
addressed in the due process hearing until the conclusion of the hearing.
However, any issue in the complaint that is not a part of the due process
hearing must be resolved using the time limit and procedures described in 92
NAC
52-009.06C and
D.
009.06E2 If an issue raised in a
complaint filed under 92 NAC
52-009.06 has previously been
decided in a due process hearing involving the same parties the due process
hearing decision is binding on that issue and the Nebraska Department of
Education must inform the complainant to that effect.
009.06E3 A complaint alleging a public
agency's failure to implement a due process hearing decision must be resolved
by the Nebraska Department of Education.
009.07 Due Process Complaint
009.07A A parent, school district, approved
cooperative, or Co-Lead agency may file a due process complaint under 92 NAC 55
relating to the proposal or refusal of a school district or approved
cooperative to initiate or change the identification, evaluation, or placement
of an infant or toddler under 92 NAC 52 or the provision of FAPE early
intervention services to the infant or toddler with a disability and that
infant's or toddler's family under 92 NAC 52.
009.07B The due process complaint must allege
a violation of 92 NAC 52 that occurred not more than two years before the date
the parent or school district or approved cooperative knew, or should have
known, about the alleged action that forms the basis of the due process
complaint.
009.07B1 The time limitation in 92
NAC
52-009.07B does
not apply to a parent if the parent was prevented from filing a due process
complaint due to the following:
009.07B1a
Specific misrepresentations by a Co-Lead agency or school district or approved
cooperative that it had resolved the problem forming the basis of the due
process complaint; or
009.07B1b A
Co-Lead agency's, school district's, or approved cooperative's failure to
provide the parent information that was required under 92 NAC 52 to be provided
to the parent.
009.07C The school district or approved
cooperative shall inform the parent of any free or low-cost legal or other
relevant services available in the area if the parent requests the information
or if the parent or school district or approved cooperative files a due process
complaint under this subsection.
009.07D Whenever a due process complaint is
received the parents or the early intervention service provider involved in the
dispute have the opportunity for an impartial due process hearing, consistent
with the procedures in 92 NAC 55.
009.07E During the pendency of any proceeding
involving a due process complaint under 92 NAC 55, unless the school district
or approved cooperative and parents of an infant or toddler with a disability
otherwise agree, the child must continue to receive the appropriate FAPE early
intervention services in the setting identified in the IFSP that was consented
to by the parents.
009.07F If the
due process complaint under 92 NAC 55 involves an application for initial
services under 92 NAC 52, the child must receive those services that are not in
dispute.
009.08 Resolution Process
009.08A The Resolution
Meeting
009.08A1 Within 15 days of receiving
notice of the parent's due process complaint, and prior to the initiation of a
due process hearing, the school district or approved cooperative must convene a
meeting with the parent and the relevant member or members of the IFSP Team who
have specific knowledge of the facts identified in the due process complaint
that:
009.08A1a Includes a representative of
the school district or approved cooperative who has decision-making authority
on behalf of that agency; and
009.08A1b May not include an attorney of the
school district or approved cooperative unless the parent is accompanied by an
attorney.
009.08A2 The
purpose of the resolution meeting is for the parent of the child to discuss the
due process complaint, and the facts that form the basis of the due process
complaint so that the school district or approved cooperative has the
opportunity to resolve the dispute that is the basis for the due process
complaint.
009.08A3 The meeting
described in 92 NAC
52-009.08A 1 and
009.08A2 need not
be held if:
009.08A3a The parent and school
district or approved cooperative agree in writing to waive the meeting;
or
009.08A3b The parent and school
district or approved cooperative agree to use the mediation process described
in 92 NAC
52-009.05.
009.08A4 The parent and the school district
or approved cooperative must determine the relevant members of the IFSP Team to
attend the meeting.
009.08B Resolution Period
009.08B1 If the school district or approved
cooperative has not resolved the due process complaint to the satisfaction of
the parties within 30 days of the receipt of the due process complaint, the due
process hearing may occur.
009.08B2
Except as provided in 92 NAC
52-009.08C, the
timeline for issuing a final decision under 92 NAC 55 begins at the expiration
of the 30-day period in 92 NAC
52-009.08B
1.
009.08B3 Except where the
parties have jointly agreed to waive the resolution process or to use
mediation, notwithstanding 92 NAC
52-009.08B 1 and
009.08B2, the
failure of the parent filing a due process complaint to participate in the
resolution meeting will delay the timelines for the resolution process and due
process hearing until the meeting is held.
009.08B4 If the school district or approved
cooperative is unable to obtain the participation of the parent in the
resolution meeting after reasonable efforts have been made, including
documenting its efforts, the school district or approved cooperative may, at
the conclusion of the 30-day period, request that the hearing officer dismiss
the parent's due process complaint.
009.08B5 If the school district or approved
cooperative fails to hold the resolution meeting specified in 92 NAC
52-009.08A within
15 days of receiving notice of a parent's due process complaint or fails to
participate in the resolution meeting, the parent may seek the intervention of
a hearing officer to begin the due process hearing timeline.
009.08C The 45-day timeline for
the due process hearing described in 92 NAC 55 starts the day after one of the
following events:
009.08C1 Both parties agree
in writing to waive the resolution meeting;
009.08C2 After either the mediation or
resolution meeting starts but before the end of the 30-day period, the parties
agree in writing that no agreement is possible; or
009.08C3 If both parties agree in writing to
continue the mediation at the end of the 30-day resolution period, but later,
the parent or school district or approved cooperative withdraws from the
mediation process.
009.08D If a resolution to the dispute is
reached at the meeting described in 92 NAC
52-009.08A 1 and
009.08A2, the
parties must execute a legally binding agreement that is:
009.08D1 Signed by both the parent and a
representative of the school district or approved cooperative who has the
authority to bind the agency; and
009.08D2 Enforceable in any State court of
competent jurisdiction or in a district court of the United
States.
009.08E If the
parties execute an agreement pursuant to 92 NAC
52-009.08D, a
party may void the agreement within three business days of the agreement's
execution.
Disclaimer: These regulations may not be the most recent version. Nebraska 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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.