§ 4404-A — Mediation program for students with disabilities

§ 4404-a. Mediation program for students with disabilities. * 1. The\ncommissioner, in consultation with the office of court administration,\nshall establish a special education mediation program. For all school\ndistricts and state agencies responsible for the provision of special\neducation, mediation of disputes regarding the provision of a free,\nappropriate public education, including matters arising prior to the\nfiling of a complaint pursuant to subdivision one of section forty-four\nhundred four of this article, shall be conducted by mediators furnished\nby a community dispute resolution center under article twenty-one-A of\nthe judiciary law.\n * NB Effective until June 30, 2027\n * 1. The commissioner, in consultation with the office of court\nadministration, shall establish a special education mediation program.\nIn all school districts, mediation of disputes regarding the provision\nof a free, appropriate public education shall be conducted by mediators\nfurnished by a community dispute resolution center under article\ntwenty-one-A of the judiciary law.\n * NB Effective June 30, 2027\n 2. The board of education or trustees of each school district shall\ninform parents or persons in parental relationship of students with\ndisabilities of the availability of the mediation program to resolve\ncomplaints regarding the education of a student with a disability at the\nsame time notice of the availability of the impartial hearing procedures\nis provided to such parents or persons in parental relationship.\n 3. Notwithstanding any other provision of law to the contrary, the\ncommissioner, in consultation with the office of court administration,\nshall assure that a list of qualified mediators who are knowledgeable in\nthe laws and regulations relating to the provision of special education\nand related services is maintained. For purposes of this section, if not\nselected through a rotational selection process, mediators shall be\nselected by mutual agreement of both parties to the mediation.\n * 4. A school district may establish procedures to offer parents or\npersons in parental relation and schools that elect not to use the\nmediation process the opportunity to meet, at a time and place\nconvenient to such parents or persons in parental relation, with a\ndisinterested party who is under contract with a community dispute\nresolution center, to encourage the use of the mediation process by such\nparents and explain its benefits.\n * NB Effective until June 30, 2027\n * 4. A school district may establish procedures to require parents or\npersons in parental relationship who elect not to use the mediation\nprocess to meet, at a time and place convenient to such parents or\npersons in parental relationship, with a disinterested party who is\nunder contract with a community dispute resolution center, to encourage\nthe use of the mediation process by such parents and explain its\nbenefits.\n * NB Effective June 30, 2027\n * 5. Each session in the mediation process shall be scheduled in a\ntimely manner, and shall be held in a location that is convenient to the\nparties to the dispute. An agreement reached by the parties to the\ndispute in the mediation process shall be set forth in a written\nmediation agreement. Such agreement shall be a legally binding agreement\nthat sets forth the resolution of the dispute and: (i) states that all\ndiscussions that occurred during the mediation process shall be\nconfidential and may not be used as evidence in any subsequent due\nprocess hearing or civil action or proceeding; (ii) is signed by both\nthe parent or person in parental relation and a representative of the\nschool district or agency who has the authority to bind such school\ndistrict or agency; and (iii) is enforceable in any state court of\ncompetent jurisdiction or in a United States district court. The\ncommittee on special education or committee on preschool special\neducation shall immediately amend the student's individualized education\nprogram to be consistent with such mediation agreement. Discussions that\noccur in the mediation process shall be confidential, and may not be\nused as evidence in any subsequent proceedings pursuant to section\nforty-four hundred four of this article or in any subsequent civil\nactions or proceedings.\n * NB Effective until June 30, 2027\n * 5. Each session in the mediation process shall be scheduled in a\ntimely manner, and shall be held in a location that is convenient to the\nparties to the dispute. An agreement reached by the parties to the\ndispute in the mediation process shall be set forth in a written\nmediation agreement. The committee on special education or committee on\npreschool special education shall immediately amend the student's\nindividualized education program to be consistent with such mediation\nagreement. Discussions that occur in the mediation process shall be\nconfidential, and may not be used as evidence in any subsequent\nproceedings pursuant to section forty-four hundred four of this article\nor in any subsequent civil actions or proceedings. The parties to the\nmediation process may be required to sign a confidentiality pledge prior\nto the commencement of the process.\n * NB Effective June 30, 2027\n 6. The provisions of this section shall not operate to diminish, deny,\ndelay, or limit any rights provided for by this article or any other\nprovisions of law, including the right of a parent or person in parental\nrelationship to request an impartial hearing.\n 7. Nothing in this section shall be construed to limit a parent or\nperson in parental relationship from requesting an impartial hearing,\npursuant to the provisions of section forty-four hundred four of this\narticle without utilizing the procedures set forth in this section. No\nsuch person shall be deemed to have failed to exhaust administrative\nremedies by requesting such an impartial hearing in the absence of or\nprior to mediation, as provided for by this section.\n