May a public agency require a parent’s participation in mediation?
No. Even though SEA’s have successfully used mediation as an alternative method of dispute resolution between parents and districts, neither the IDEA nor its regulations allow a public agency to require a parent to participate in mediation prior to a due process hearing. However, a public agency may require parents who elect not to use the mediation process to meet, at a time and location convenient to the parents, with a disinterested third party who can discuss the benefits of mediation and encourage parents to use the process. This disinterested third party may be under contract with a parent training and information center or community parent resource center or an appropriate alternative dispute resolution entity. Nonetheless, mediation may not be used to deny or delay a parent’s right to initiate an impartial due process hearing or deny any other rights afforded under Part B of the IDEA. 34 CFR §§ 300.506(d)(1), 300.506(d)(1)(i), 300.506(d)(1)(ii), and 300.506(d)(2). 18. May parti
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