72-3438. Dispute resolution through mediation; procedures; list of mediators; costs; time and location; agreements; confidentiality. (a) The state board shall establish and implement procedures to allow agencies and parents to resolve disputes involving any matter, including matters arising prior to the filing of a complaint, through a mediation process.
(b) The procedures adopted shall ensure that the mediation process is:
(1) Voluntary on the part of the parties;
(2) not used to deny or delay a parent's right to a due process hearing, or to deny any other rights afforded under this act; and
(3) conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
(c) The state board shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services and shall establish procedures for the appointment of a mediator to help resolve disputes between the parties.
(d) The state board shall bear the cost of the mediation process described in this section.
(e) Each session in the mediation process shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties to the dispute.
(f) If the mediation process results in a resolution of the complaint, the parties shall execute a written agreement that both the parent and an authorized representative of the agency shall sign and that, at a minimum, includes the following statements:
(1) The resolution of each issue presented in the complaint;
(2) all discussions that occurred during the mediation process are confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and
(3) each party understands that the agreement is legally binding upon them; and
(4) the agreement may be enforced in state or federal court.
(g) Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearings or civil proceedings.
History: L. 1999, ch. 116, § 35; L. 2005, ch. 171, § 21; July 1.
Structure Kansas Statutes
Article 34 - Special Education
72-3406 Dispute resolution procedures; hearing officers and mediators, education and training, list.
72-3407 Education advocates, appointment and qualification; training programs.
72-3408 State advisory council for special education; composition; duties; expenses; meetings.
72-3411 Methods of compliance with requirements of act; powers and duties of boards of education.
72-3414 Reports by state board; furnishing of data by districts and state agencies.
72-3415 Due process hearing, initiation of; complaint notice; response to notice.
72-3417 Same; list and appointment of hearing officers; procedure.
72-3424 Technical advice and assistance by state department; recommendations.
72-3425 Catastrophic state aid; computation of amounts; apportionment; limitations.
72-3427 Assessment programs; participation by children with disabilities; reports to public.
72-3431 Rights of child with disability upon reaching 18 years of age.
72-3432 Notice of parental rights; contents.
72-3434 Same; parental disagreement with determination; due process hearing and review.
72-3435 Same; placement of child during pendency of due process proceedings.
72-3439 Transfer of records of an exceptional child when child changes school.
72-3440 Medicaid replacement state aid; computation of amount; limitation.
72-3441 Special education funding task force; membership; duties.
72-3462 Same; conditions for provision; location; transportation.
72-3463 Same; provision in connection with religious activity prohibited.
72-3471 Instruction in Braille; definitions.
72-3472 Same; providing instruction to all students.
72-3473 Same; individualized education plan.
72-3474 Same; certification of teachers; assessment procedures.