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PROCEDURAL SAFEGUARDS: MEDIATION - Regulations
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5. Require a written agreement that is enforceable in court if the dispute is resolved through the mediation process.
If the parties resolve a dispute through the mediation process, the parties must execute a legally binding agreement that sets forth that resolution and that:
A written, signed mediation agreement under 34 CFR 300.506(b) is enforceable in any State court of competent jurisdiction or in a district court of the United States.
[34 CFR 300.506(b)(7)] [20 U.S.C. 1415(e)(2)(F)]
2 Notwithstanding 34 CFR 300.506(b)(7) and 300.510(d)(2) which provide for the judicial enforcement of a written agreement reached as a result of a mediation…, there is nothing in Part 300 that would prevent the SEA from using other mechanisms to seek enforcement of a written agreement reached as a result of a mediation or resolution meeting, provided that use of those mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States. [34 CFR 300.537] [20 U.S.C. 1415(e)(2)(F), 1415(f)(1)(B)]
U.S. Department of Education --- Office of Special Education Programs --- Procedural Safeguards: Mediation --- 10.04.06
If the parties resolve a dispute through the mediation process, the parties must execute a legally binding agreement that sets forth that resolution and that:
- 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
- Is signed by both the parent and a representative of the agency who has the authority to bind such agency.
A written, signed mediation agreement under 34 CFR 300.506(b) is enforceable in any State court of competent jurisdiction or in a district court of the United States.
[34 CFR 300.506(b)(7)] [20 U.S.C. 1415(e)(2)(F)]
2 Notwithstanding 34 CFR 300.506(b)(7) and 300.510(d)(2) which provide for the judicial enforcement of a written agreement reached as a result of a mediation…, there is nothing in Part 300 that would prevent the SEA from using other mechanisms to seek enforcement of a written agreement reached as a result of a mediation or resolution meeting, provided that use of those mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States. [34 CFR 300.537] [20 U.S.C. 1415(e)(2)(F), 1415(f)(1)(B)]
U.S. Department of Education --- Office of Special Education Programs --- Procedural Safeguards: Mediation --- 10.04.06
Dialogue Starter - Cross-stakeholder
Reaction Questions
- This is a new requirement. How might the participation of parents and LEAs be impacted, given that the agreement drafted during mediation is now enforceable in state or district court?
- How might this legal enforceability increase the likelihood of parties believing they need to be represented by legal counsel?
- What are the characteristics of an enforceable agreement (contract) in your state?
- How does your district ensure that the appropriate individuals are notified of their responsibilities for implementing the terms of the mediation agreement?
Application Questions
- What training is needed for stakeholders to ensure an understanding of
the differences between mediation and resolution meetings? What
differences should be included in the training?
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