If the parties resolve a dispute through the mediation process, the parties shall execute a legally binding agreement that sets forth that resolution and that:

1. (1) States that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding of any federal court or state court; and

2. (2) Is signed by both the parent and a representative of the agency who has the authority to bind the agency.

   A written, signed mediation agreement under this section is enforceable in any state court of competent jurisdiction or in a district court of the United States.

Source: 35 SDR 82, effective October 22, 2008.

General Authority: SDCL 13-37-1.1.

Law Implemented: SDCL 13-1-23 , 13-14-1 , 13-37-1.1.