§ 10-76z — Mediation Services Coordinator, duties. List of special education mediators. Required training. Exemptions.

(a) The Commissioner of Education shall employ a Mediation Services Coordinator within the Bureau of Special Education, which shall be a separate and distinct position from any investigatory or enforcement functions of the department. The Mediation Services Coordinator shall (1) facilitate the expansion of mediation services offered by the department in lieu of proceeding directly to a special education hearing pursuant to section 10-76h, (2) oversee and coordinate such mediation services for each school district in the state, (3) maintain a list of special education mediators that meet the minimum training requirements set forth in subsection (b) of this section and are of a sufficient quantity to meet the needs of each school district in the state, (4) promote the benefits of mediation to each local or regional board of education, parents and guardians and special education advocacy groups, (5) solicit feedback from local and regional boards of education and parents and guardians about the mediation process through an annual open meeting, after the conclusion of any mediation and in any other manner as determined by such coordinator, (6) establish and publish on the Department of Education's Internet web site (A) a statement of the impartiality of mediators and the confidentiality of matters discussed in mediation, which shall, at a minimum, provide that no employee of the bureau or mediator on the list of special education mediators may share information from any mediation with an employee of the department tasked with investigatory or enforcement functions unless required by state or federal law, and (B) a plain language resource explaining the mediation process and how to request and prepare for a mediation, which shall be translated into the most commonly spoken languages in the state, and (7) create a brief notice of the availability of mediation services suitable to be read out loud during a planning and placement team meeting pursuant to subdivision (10) of subsection (a) of section 10-76d that (A) includes the link to the plain language resource developed pursuant to subparagraph (B) of subdivision (6) of this subsection, and (B) is translated into the most commonly spoken languages in the state, for distribution by local or regional boards of education to parents, guardians and surrogate parents of children requiring special education pursuant to subparagraph (F)(iii) of subdivision (10) of subsection (a) of section 10-76d. (b) The Bureau of Special Education shall verify that each mediator included on the list of special education mediators maintained by the Mediation Services Coordinator completes (1) not less than forty hours of training in mediation skills through a module or course that has been approved by the Department of Education, and (2) training in special education law for a minimum number of hours prescribed by the bureau through a module or course provided by the Department of Education or by another provider approved by the bureau. The bureau may, in its discretion, (A) waive the mediation skills training requirement for any applicant for inclusion on the list of special education mediators who submits proof of completion of a forty-hour mediation skills training or an equivalent course of study related to mediation skills from an institution of higher education, or (B) waive the special education law training requirement for any applicant who has sufficient and direct professional experience in special education law or submits proof of completion of a comparable course of study related to special education law from an institution of higher education. Each mediator approved by the bureau for inclusion on the list of special education mediators shall complete at least two hours of continuing education every two years in subject areas prescribed by the bureau which may be provided by the Department of Education or any other organization approved by the bureau. Each mediator shall remain impartial and maintain the confidentiality of any matter discussed during mediation. (c) The Bureau of Special Education shall exempt not less than five mediators who conducted special education mediation for the Department of Education prior to July 1, 2023, from the initial training requirements set forth in subdivisions (1) and (2) of subsection (b) of this section and include such mediators on the list of special education mediators maintained by the Mediation Services Coordinator pursuant to subdivision (3) of subsection (a) of this section.

Legislative History

(P.A. 23-137, S. 45.) History: P.A. 23-137 effective July 1, 2023.