Nevada Administrative Code
Chapter 388 - System of Public Instruction
SPECIAL INSTRUCTIONAL SERVICES AND PROGRAMS
Administration of Programs for Pupils With Disabilities and Gifted and Talented Pupils
Section 388.305 - Resolution of dispute by mediation

1. If a dispute arises between the parent of a pupil and a public agency which relates to the identification, evaluation or educational placement of the pupil or the provision of a free appropriate public education to the pupil, including, without limitation, matters that arise before a due process complaint is filed pursuant to NAC 388.306 or any matter governed by Part B of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1411 et seq., and the regulations adopted pursuant thereto, the parent or the public agency may request that the Department provide mediation. Mediation is voluntary and either the parent or the public agency may decline to participate.

2. If mediation is requested, the parent involved in the dispute must not be denied the parent's right to a hearing and the process of mediation must not be used to delay a hearing or to deny any other right afforded pursuant to Part B of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1411 et seq., and the regulations adopted pursuant thereto.

3. The Department will maintain a list of persons who are qualified mediators and knowledgeable in the laws and regulations relating to the provision of special education and related services. If mediation is requested, the mediation must be conducted by an impartial mediator who is included on the list maintained by the Department. The Department shall select a mediator on a random or rotational basis or by using some other impartial method.

4. A person may serve as a mediator only if the person:

A person who otherwise qualifies as a mediator is not an employee of the public agency solely because he or she is paid by the agency to serve as a mediator.

5. If mediation is requested:

6. If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement which sets forth the resolution and which:

7. A written, signed mediation agreement is enforceable in any court in this State with competent jurisdiction or in a district court of the United States.

8. Discussions that occur during the mediation process are confidential and must not be used as evidence in any subsequent due process hearing or civil proceeding of any federal court or state court of a state that receives assistance under Part B of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1411 et seq.