PROCEDURAL SAFEGUARDS: MEDIATION - Regulations
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6. Require that mediation discussions be kept confidential.
Discussions that occur during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding or any Federal court or State court of a State receiving assistance under Part 300.
[34 CFR 300.506(b)(7)] [20 U.S.C. 1415(e)(2)(G)]
Discussions that occur during the mediation process must be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding or any Federal court or State court of a State receiving assistance under Part 300.
[34 CFR 300.506(b)(7)] [20 U.S.C. 1415(e)(2)(G)]
Dialogue Starter - Cross-stakeholder
Reaction Questions
- Why is confidentiality important?
- What is your understanding of the scope of confidentiality?
- What are the repercussions of not maintaining confidentiality?
Application Questions
- What policies and procedures might a state issue to ensure that confidentiality agreements are kept by the parties?
- What might be some special concerns regarding confidentiality when students are involved in the process?
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