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3. Set forth the state’s responsibilities for mediation.

The State must maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services.
The State educational agency (SEA) must select mediators on a random, rotational, or other impartial basis.
[34 CFR 300.506(b)(3)(i)-(ii)] [20 U.S.C. 1415(e)(2)(C) and (D)]

The State must bear the cost of the mediation process, including the costs of meetings of parents with disinterested parties described in 34 CFR 300.506(b)(2).
[34 CFR 300.506(b)(4)] [20 U.S.C. 1415(e)(2)(D)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. What criteria might a state use to determine whether a mediator is qualified?

  2. What training might a state provide those who are selected as mediators?

  3. If a state chooses to evaluate the effectiveness of its mediation efforts, what criteria for effectiveness might be considered?

Application Questions

  1. How can states share effective mediation practices?

  2. How has your state determined the costs of the mediation process that it will pay? If you do not know, how can you obtain this information?

    These questions were developed by the following stakeholders working together:

    Role: Teacher
    Location: West Virginia

    Role: Family Member
    Location: New Jersey

    Role: General Education Administrator
    Location: California

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: Illinois

    Role: Special Education Administrator
    Location: Kentucky

    Role: TA Provider
    Location: Oregon