California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 2 - Early Intervention Services › Subchapter 5 - Procedural Safeguards › Article 4 - Mediation and Due Process Procedures › Section 52173 - Mediation Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Mediation shall be voluntary.
(b)
					 Mediation is available at any time to resolve disagreements involving any
					 matter related to IDEA Part C.
(c)
					 The mediation conference shall be conducted by a mediator who is an impartial,
					 third party with no personal or professional interest that would conflict with
					 his or her objectivity in mediating a disagreement.
(d) The due process hearing officer shall be
					 a different person than the mediator when mediation does not resolve the
					 disagreement.
(e) The mediator
					 shall be trained in communication, mediation and problem solving and shall be
					 knowledgeable about early intervention programs and the federal and state laws
					 and regulations applicable to Part C of the Individuals with Disabilities
					 Education Act, Title 20
					 United States Code Sections
					 1431-1445, and the California Early
					 Intervention Services Act, Government Code Sections
					 95000-
					 95030.
(f) The mediator shall be under contract with
					 the Department of Developmental Services.
(g) A person who otherwise qualifies under
					 Subsection (c) and (d) of this Section as a mediator is not an employee of the
					 Department of Developmental Services solely because the person is paid by the
					 Department of Developmental Services to conduct the mediation
					 process.
(h) A parent may be
					 accompanied by any representative at the mediation.
(i) The mediator shall ensure that written
					 agreements from the mediation conference are signed and provided to all
					 participants at the conclusion of the mediation conference.
(j) Discussions during mediation must be
					 confidential and may not be used as evidence in any subsequent due process or
					 civil proceedings.
1. New
						section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32).
						Pursuant to Government Code section
						95028(c),
						a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency
						language will be repealed by operation of law on the following
						day.
2. New section, including amendment of NOTE, refiled 1-30-98 as
						an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of
						Compliance must be transmitted to OAL by 6-1-98 or emergency language will be
						repealed by operation of law on the following day.
3. New section
						refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A
						Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency
						language will be repealed by operation of law on the following
						day.
4. Certificate of Compliance as to 6-1-98 order, including
						amendment of subsection (e) and NOTE, transmitted to OAL 6-16-98 and filed
						7-28-98 (Register 98, No. 31).
5. New subsection (j) filed
						1-14-2003; operative 2-13-2003 (Register 2003, No. 3).
6. Repealer
						and new subsection (b) filed 2-17-2011; operative 3-19-2011 (Register 2011, No.
						7).
Note: Authority cited: Sections
						  95009 and
						  95028,
						  Government Code. Reference: Section
						  1439(1), Title 20
						  United States Code; Sections
						  303.420(a)-(b)
						  and accompanying notes, 303.421(a)-(b) and 303.422, Title 34 Code of Federal
						  Regulations.