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7. Establish requirements for impartiality of mediators.

An individual who serves as a mediator under Part 300 may not be an employee of the SEA
or the local educational agency (LEA) that is involved in the education or care of the child and must not have a personal or professional interest that conflicts with the person’s objectivity.
[34 CFR 300.506(c)(1)] [20 U.S.C. 1415(e)]

A person who otherwise qualifies as a mediator is not an employee of an LEA or State agency described under 34 CFR 300.228 solely because he or she is paid by the agency to serve as a mediator.
[34 CFR 300.506(c)(2)] [20 U.S.C. 1415(e)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. This provision speaks to the fairness of the process. How might this fairness impact the implementation of any agreement?

Application Questions

  1. How is “impartiality” to be determined; by whom?

    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: Policymaker
    Location: Oregon