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PROCEDURAL SAFEGUARDS: MEDIATION - Regulations
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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)]
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
- This provision speaks to the fairness of the process. How might this fairness impact the implementation of any agreement?
Application Questions
- 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