Page:United States Statutes at Large Volume 118.djvu/2750

 118 STAT. 2720 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(iii) is conducted by a qualified and impartial mediator who is trained in effective mediation tech niques. ‘‘(B) OPPORTUNITY TO MEET WITH A DISINTERESTED PARTY.—A local educational agency or a State agency may establish procedures to offer to parents and schools that choose not to use the mediation process, an opportunity to meet, at a time and location convenient to the parents, with a disinterested party who is under contract with— ‘‘(i) a parent training and information center or community parent resource center in the State estab lished under section 671 or 672; or ‘‘(ii) an appropriate alternative dispute resolution entity, to encourage the use, and explain the benefits, of the mediation process to the parents. ‘‘(C) LIST OF QUALIFIED MEDIATORS.—The State shall maintain a list of individuals who are qualified mediators and knowledgeable in laws and regulations relating to the provision of special education and related services. ‘‘(D) COSTS.—The State shall bear the cost of the medi ation process, including the costs of meetings described in subparagraph (B). ‘‘(E) SCHEDULING AND LOCATION.—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. ‘‘(F) WRITTEN AGREEMENT.—In the case that a resolu tion is reached to resolve the complaint through the medi ation process, the parties shall execute a legally binding agreement that sets forth such resolution and that— ‘‘(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 proceeding; ‘‘(ii) is signed by both the parent and a representa tive of the agency who has the authority to bind such agency; and ‘‘(iii) is enforceable in any State court of competent jurisdiction or in a district court of the United States. ‘‘(G) MEDIATION DISCUSSIONS.—Discussions that occur during the mediation process shall be confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding. ‘‘(f) IMPARTIAL DUE PROCESS HEARING.— ‘‘(1) IN GENERAL.— ‘‘(A) HEARING.—Whenever a complaint has been received under subsection (b)(6) or (k), the parents or the local educational agency involved in such complaint shall have an opportunity for an impartial due process hearing, which shall be conducted by the State educational agency or by the local educational agency, as determined by State law or by the State educational agency. ‘‘(B) RESOLUTION SESSION.— ‘‘(i) PRELIMINARY MEETING.—Prior to the oppor tunity for an impartial due process hearing under subparagraph (A), the local educational agency shall Confidential information.

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