Virginia Administrative Code
Title 8 - EDUCATION
Agency 20 - STATE BOARD OF EDUCATION
Chapter 81 - REGULATIONS GOVERNING SPECIAL EDUCATION PROGRAMS FOR CHILDREN WITH DISABILITIES IN VIRGINIA
Part III - Responsibilities of Local School Divisions and State-Operated Programs
Section 8VAC20-81-190 - Mediation
Current through Register Vol. 40, No. 16, March 25, 2024
A. Each local educational agency shall ensure that the parent(s) of a child with a disability are informed of the option of mediation to resolve disputes involving any matter arising under Part B of the Act, including the identification, evaluation, or educational placement and services of the child, the provision of a free appropriate public education to the child, and matters arising prior to the filing of a state complaint or request for a due process hearing. Mediation is available to resolve these issues at any time a joint request is made to the Virginia Department of Education from a school representative and a parent. (§ 22.1-214B of the Code of Virginia; 34 CFR 300.506(a) )
B. The local educational agency shall use the Virginia Department of Education's mediation process to resolve such disputes. The procedures shall ensure that the process is: (§ 22.1-214B of the Code of Virginia; 34 CFR 300.506(b)(1) )
C. The local educational agency or the Virginia Department of Education may establish procedures to offer parents and schools who choose not to use the mediation process an opportunity to meet, at a time and location convenient to them, with a disinterested party who is under contract with a parent training and information center or community parent resource center in Virginia established under § 1471 or 1472 of the Act; or an appropriate alternative dispute resolution entity. The purpose of the meeting would be to explain the benefits of and encourage the parent(s) to use the mediation process. ( 34 CFR 300.506(b)(2) )
D. In accordance with the Virginia Department of Education's procedures: ( 34 CFR 300.506(b)(3) and (4) )
E. The mediation process shall: ( 34 CFR 300.506(b)(5) through (b)(8) )
F. An individual who serves as a mediator: ( 34 CFR 300.506(c) )
Statutory Authority
§§ 22.1-16 and 22.1-214 of the Code of Virginia; 20 USC § 1400 et seq.; 34 CFR Part 300.