Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 19
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44ALTERNATIVE DISPUTE RESOLUTION
Additional information regarding the procedures, and the forms for the mediation, complaint
resolution, and due process systems are available at: , or
by contacting VDOE.
MEDIATION
You have the right to ask for mediation to resolve a disagreement, including
those issues which lead to a request for a due process hearing. You and the
school division have the right to refuse mediation. Your request for mediation
cannot slow down or stop your request for due process.
General
The school division must make mediation available to allow you and the school division to
resolve disagreements involving any matter under the IDEA, including matters arising prior to
the filing of a request for due process. Thus, mediation is available to resolve disputes under the
IDEA, whether or not you have filed a request for due process as described under the heading
Filing a Request for due process.
Requirements
The mediation process:
1. must be voluntary on your part and the school division's part;
2. is not used to deny or delay your right to a due process hearing, or to deny any other
rights you have under the IDEA; and
3. is conducted by a qualified and impartial mediator who is trained in effective mediation
techniques.
In order for parents to understand the benefits of mediation, the school division may develop
procedures that offer parents and schools that choose not to use the mediation process, an
opportunity to meet, at a time and location convenient to you, with a disinterested party:
1.
Who is under contract with an appropriate alternative dispute resolution entity, or a
parent training and information center or community parent resource center in Virginia;
and
2. Who would explain the benefits and encourage the use of the mediation process to you.
VDOE must have a list of people who are qualified mediators and know the laws and regulations
relating to the provision of special education and related services. VDOE must select mediators
on a rotational basis.
VDOE is responsible for the cost of the mediation process, including the costs of the mediation
sessions.
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