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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)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why is confidentiality important?

  2. What is your understanding of the scope of confidentiality?

  3. What are the repercussions of not maintaining confidentiality?

Application Questions

  1. What policies and procedures might a state issue to ensure that confidentiality agreements are kept by the parties?

  2. 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