Pennsylvania Code › Title 22 - EDUCATION › Part I - State Board of Education › Subpart A - Miscellaneous Provisions › Chapter 16 - SPECIAL EDUCATION FOR GIFTED STUDENTS › PROCEDURAL SAFEGUARDS › Section 16.64 - Mediation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Mediation is a
					 process in which parents and agencies involved in a special education for
					 gifted students dispute may obtain the assistance of an impartial mediator in
					 attempting to reach a mutually agreeable settlement.
(b)  The following words and terms, when used
					 in this section, have the following meanings, unless the context clearly
					 indicates otherwise:
Joint session
-A stage of the mediation
						conference when the mediator meets with the parties and participants together
						and each party is given a reasonable uninterrupted opportunity to present the
						issues and concerns.
Mediation agreement
-A written record of
						agreement reached by the parties.
Mediation conference
-A structured, but
						informal meeting of the parties and participants with a mediator. The purpose
						of the conference is to develop a mutually acceptable, written agreement that
						is binding on the parties.
Mediator
-An impartial, neutral person
						who helps parties involved in a conflict to develop their own solutions to the
						dispute. The term does not include a person who makes decisions about the
						conflict for the parties.
Participants
-Other persons appearing at
						the mediation conference on behalf of either party, such as other family
						members and specialists.
Parties
-The parents and designated
						agency personnel involved in the conflict.
Private session (caucus)
-A private
						meeting between the mediator and only one of the parties to further clarify
						that party's position and to explore possible solutions to the conflict. The
						mediator may not share information from the private session without consent of
						the party.
(c) If a dispute
					 is resolved through mediation, a written agreement shall be prepared and placed
					 in the child's education record. The agreement shall also be incorporated into
					 the GIEP.
(d) During a mediation
					 conference, the mediator shall meet with the parties together in a joint
					 session and individually in private sessions.
(e) Discussions occurring during the
					 mediation session shall be confidential, and no part of the mediation
					 conference shall be recorded.
(f)
					 The mediator may not be called as a witness in future proceedings.
(g) The designated agency involved in the
					 dispute shall send a representative who has the authority to commit resources
					 to the resolution agreed upon by the parties.
(h) The written mediation agreement is not a
					 confidential document and shall be incorporated into the student's GIEP and is
					 binding on the parties.
(i) The
					 mediation agreement shall be enforceable by the Department.
(j) A GIEP team shall be convened, within 10
					 school days following the mediation agreement, to incorporate the mediation
					 agreement into the GIEP.
(k) When
					 the mediation conference results in a resolution of the dispute, each party
					 shall receive an executed copy of the agreement at the conclusion of the
					 mediation conference.
(l) Mediation
					 may not be used to deny or delay a party's right to a due process
					 hearing.
This section cited in 22 Pa. Code §
													16.31 (relating to general); and
						  22 Pa. Code §
													16.32 (relating to
						  GIEP).