N.Y. Education Law § 4404-a: Mediation program for students with disabilities

§ 4404-a. Mediation program for students with disabilities. * 1. The

commissioner, in consultation with the office of court administration,

shall establish a special education mediation program. For all school

districts and state agencies responsible for the provision of special

education, mediation of disputes regarding the provision of a free,

appropriate public education, including matters arising prior to the

filing of a complaint pursuant to subdivision one of section forty-four

hundred four of this article, shall be conducted by mediators furnished

by a community dispute resolution center under article twenty-one-A of

the judiciary law.

* NB Effective until June 30, 2027

* 1. The commissioner, in consultation with the office of court

administration, shall establish a special education mediation program.

In all school districts, mediation of disputes regarding the provision

of a free, appropriate public education shall be conducted by mediators

furnished by a community dispute resolution center under article

twenty-one-A of the judiciary law.

* NB Effective June 30, 2027

2. The board of education or trustees of each school district shall

inform parents or persons in parental relationship of students with

disabilities of the availability of the mediation program to resolve

complaints regarding the education of a student with a disability at the

same time notice of the availability of the impartial hearing procedures

is provided to such parents or persons in parental relationship.

3. Notwithstanding any other provision of law to the contrary, the

commissioner, in consultation with the office of court administration,

shall assure that a list of qualified mediators who are knowledgeable in

the laws and regulations relating to the provision of special education

and related services is maintained. For purposes of this section, if not

selected through a rotational selection process, mediators shall be

selected by mutual agreement of both parties to the mediation.

* 4. A school district may establish procedures to offer parents or

persons in parental relation and schools that elect not to use the

mediation process the opportunity to meet, at a time and place

convenient to such parents or persons in parental relation, with a

disinterested party who is under contract with a community dispute

resolution center, to encourage the use of the mediation process by such

parents and explain its benefits.

* NB Effective until June 30, 2027

* 4. A school district may establish procedures to require parents or

persons in parental relationship who elect not to use the mediation

process to meet, at a time and place convenient to such parents or

persons in parental relationship, with a disinterested party who is

under contract with a community dispute resolution center, to encourage

the use of the mediation process by such parents and explain its

benefits.

* NB Effective June 30, 2027

* 5. 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. An agreement reached by the parties to the

dispute in the mediation process shall be set forth in a written

mediation agreement. Such agreement shall be a legally binding agreement

that sets forth the resolution of the dispute and: (i) states that all

discussions that occurred during the mediation process shall be

confidential and may not be used as evidence in any subsequent due

process hearing or civil action or proceeding; (ii) is signed by both

the parent or person in parental relation and a representative of the

school district or agency who has the authority to bind such school

district or agency; and (iii) is enforceable in any state court of

competent jurisdiction or in a United States district court. The

committee on special education or committee on preschool special

education shall immediately amend the student's individualized education

program to be consistent with such mediation agreement. Discussions that

occur in the mediation process shall be confidential, and may not be

used as evidence in any subsequent proceedings pursuant to section

forty-four hundred four of this article or in any subsequent civil

actions or proceedings.

* NB Effective until June 30, 2027

* 5. 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. An agreement reached by the parties to the

dispute in the mediation process shall be set forth in a written

mediation agreement. The committee on special education or committee on

preschool special education shall immediately amend the student's

individualized education program to be consistent with such mediation

agreement. Discussions that occur in the mediation process shall be

confidential, and may not be used as evidence in any subsequent

proceedings pursuant to section forty-four hundred four of this article

or in any subsequent civil actions or proceedings. The parties to the

mediation process may be required to sign a confidentiality pledge prior

to the commencement of the process.

* NB Effective June 30, 2027

6. The provisions of this section shall not operate to diminish, deny,

delay, or limit any rights provided for by this article or any other

provisions of law, including the right of a parent or person in parental

relationship to request an impartial hearing.

7. Nothing in this section shall be construed to limit a parent or

person in parental relationship from requesting an impartial hearing,

pursuant to the provisions of section forty-four hundred four of this

article without utilizing the procedures set forth in this section. No

such person shall be deemed to have failed to exhaust administrative

remedies by requesting such an impartial hearing in the absence of or

prior to mediation, as provided for by this section.