NAC388.305. 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 matters that arise before a complaint is filed pursuant to NAC 388.306, the parent or the public agency may request the Department to 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 20 U.S.C. §§ 1400 et seq.

     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 educational services 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 if the person:

     (a) Is trained in effective mediation techniques;

     (b) Is not an employee of the public agency that is involved in the education or care of the pupil; and

     (c) Does not have a personal or professional interest that conflicts with the person’s objectivity.

Ê 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:

     (a) The Department will pay for the costs incurred by the mediation; and

     (b) Each session of mediation must be scheduled in a timely manner and must be held at a location that is convenient for the parties to the dispute.

     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:

     (a) States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and

     (b) Is signed by both the parent and a representative of the public agency who has the authority to bind the agency.

     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 the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.

     (Added to NAC by Bd. of Education by R039-98, eff. 5-29-98; A by R085-99, 2-16-2000; R058-07, 10-31-2007)