New Jersey Administrative Code › Title 8 - HEALTH › Chapter 17 - EARLY INTERVENTION SYSTEM › Subchapter 13 - PROCEDURAL SAFEGUARDS › Section 8:17-13.4 - Procedural Safeguards Office responsibilities in mediation procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Procedural
				Safeguards Office shall:
1. Date-stamp each
				mediation request immediately upon receipt;
2. Maintain a log of all mediation requests
				(mediation log), which shall consist of:
i. The
				mediation request number;
ii. The date
				the Procedural Safeguards Office receives the mediation request;
iii. The name of the requester; and
iv. The completion date of each step in the
				process;
3. Create a file
				containing all the documents related to the mediation;
4. Determine parental consent for mediation.
i. If the parent does not consent to mediation,
				the Procedural Safeguards Office shall notify the provider agency seeking mediation;
				or
ii. If the parent consents to
				mediation, the Procedural Safeguards Office shall confirm that the parent has given
				informed consent to mediation;
5. Within two business days of a request for
				mediation by a parent, or confirmation of parental consent to mediation, identify an
				appropriate mediator, notify the mediator in writing of the request for mediation,
				and transmit a copy of the notice to parties to the mediation process, which notice
				shall contain:
i. The names, addresses, and
				telephone numbers of the parties to participate in the mediation;
ii. The need for interpretive or translation
				services, or alternative communication services, if any;
iii. The nature of the dispute that has resulted
				in the request for mediation;
iv. A
				directive to parties representing the Early Intervention System to bring to the
				mediation a complete copy of the child's early intervention record;
v. A statement of the right of all parties to
				bring any documentation or information believed relevant to the issues under
				discussion, and to be accompanied by any persons of their choice;
vi. A statement notifying parents that it is not
				necessary to have an attorney at the mediation and that if they decide not to bring
				an attorney, the other parties cannot bring attorneys to the mediation;
vii. A statement notifying all parties that they
				are not entitled to legal fees from the Early Intervention System;
viii. A description of the mediation process,
				including the non-adversarial nature of the process; and
ix. A statement that the parent's participation in
				mediation is voluntary in nature, that the parent may refuse or withdraw from the
				mediation process at any time, that mediation cannot be used to deny or delay a
				parent's right to an impartial due process hearing or any other rights afforded
				pursuant to Part C of IDEA, including resolution of a complaint; and that the parent
				has the right to request an impartial due process hearing or file a complaint at any
				time in the process;
6.
				Administer the scheduling of the mediation by making appropriate arrangements for
				the proceeding, by:
i. Convening the mediation
				within 10 calendar days of the receipt of the request for mediation on a date, and
				at a time and location convenient to the parties;
ii. Notifying the parties in writing of the date,
				time, and location of the mediation proceedings; and
iii. Ensuring, as needed and to the maximum extent
				possible, the provision of appropriate interpretive, translation or alternative
				communication services;
7.
				Within 30 calendar days of the receipt of the request for mediation, transmit a copy
				of the written mediation agreement to all parties to the mediation, the service
				coordinator, and the applicable local or regional provider agency, and shall
				document this activity in the mediation log;
8. If the parties to a mediation were unable to
				reach agreement as to the issues being mediated, then, within 30 calendar days of
				the receipt of the request for mediation, shall document this result in the
				mediation log and shall notify in writing all parties to the mediation, the service
				coordinator, and the applicable local or regional provider agency stating that:
i. The parties did not reach an
				agreement;
ii. The process is
				confidential;
iii. Discussions held
				during the mediation cannot be used as evidence in any subsequent impartial due
				process hearing or civil action; and
iv.
				The parent has the right to an impartial due process hearing or complaint
				investigation and the procedures for requesting these dispute resolution options;
				and
9. Shall maintain
				mediation records for at least three years or in accordance with the applicable
				State records retention schedule, whichever is later.