1. (a) Mediation shall be voluntary.
2. (b) Mediation is available at any time to resolve disagreements involving any matter related to IDEA Part C.
3. (c) The mediation conference shall be conducted by a mediator who is an impartial, third party with no personal or professional interest that would conflict with his or her objectivity in mediating a disagreement.
4. (d) The due process hearing officer shall be a different person than the mediator when mediation does not resolve the disagreement.
5. (e) The mediator shall be trained in communication, mediation and problem solving and shall be knowledgeable about early intervention programs and the federal and state laws and regulations applicable to Part C of the Individuals with Disabilities Education Act, Title 20 United States Code Sections 1431-1445, and the California Early Intervention Services Act, Government Code Sections 95000-95030.
6. (f) The mediator shall be under contract with the Department of Developmental Services.
7. (g) A person who otherwise qualifies under Subsection (c) and (d) of this Section as a mediator is not an employee of the Department of Developmental Services solely because the person is paid by the Department of Developmental Services to conduct the mediation process.
8. (h) A parent may be accompanied by any representative at the mediation.
9. (i) The mediator shall ensure that written agreements from the mediation conference are signed and provided to all participants at the conclusion of the mediation conference.
10. (j) Discussions during mediation must be confidential and may not be used as evidence in any subsequent due process or civil proceedings.

Note: Authority cited: Sections 95009 and 95028, Government Code. Reference: Section 1439(1), Title 20 United States Code; Sections 303.420(a)-(b) and accompanying notes, 303.421(a)-(b) and 303.422, Title 34 Code of Federal Regulations.

History

1. New section filed 8-4-97 as an emergency; operative 8-4-97 (Register 97, No. 32). Pursuant to Government Code section 95028(c), a Certificate of Compliance must be transmitted to OAL by 1-31-98, or emergency language will be repealed by operation of law on the following day.

2. New section, including amendment of Note, refiled 1-30-98 as an emergency; operative 1-31-98 (Register 98, No. 5). A Certificate of Compliance must be transmitted to OAL by 6-1-98 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 6-1-98 as an emergency; operative 6-1-98 (Register 98, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-29-98 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 6-1-98 order, including amendment of subsection (e) and Note, transmitted to OAL 6-16-98 and filed 7-28-98 (Register 98, No. 31).

5. New subsection (j) filed 1-14-2003; operative 2-13-2003 (Register 2003, No. 3).

6. Repealer and new subsection (b) filed 2-17-2011; operative 3-19-2011 (Register 2011, No. 7).