Section 4404-A. Mediation program for students with disabilities

* 1. The
  commissioner, in consultation with the office of  court  administration,
  shall  establish  a  special education mediation program. For all school
  districts and state agencies responsible for the  provision  of  special
  education,  mediation  of  disputes  regarding  the provision of a free,
  appropriate public education, including matters  arising  prior  to  the
  filing  of a complaint pursuant to subdivision one of section forty-four
  hundred four of this article, shall be conducted by mediators  furnished
  by  a  community dispute resolution center under article twenty-one-A of
  the judiciary law.
    * NB Effective until June 30, 2012
    * 1. The commissioner,  in  consultation  with  the  office  of  court
  administration,  shall  establish a special education mediation program.
  In all school districts, mediation of disputes regarding  the  provision
  of  a free, appropriate public education shall be conducted by mediators
  furnished  by  a  community  dispute  resolution  center  under  article
  twenty-one-A of the judiciary law.
    * NB Effective June 30, 2012
    2.  The  board  of education or trustees of each school district shall
  inform parents or persons in  parental  relationship  of  students  with
  disabilities  of  the  availability  of the mediation program to resolve
  complaints regarding the education of a student with a disability at the
  same time notice of the availability of the impartial hearing procedures
  is provided to such parents or persons in parental relationship.
    3. Notwithstanding any other provision of law  to  the  contrary,  the
  commissioner,  in  consultation with the office of court administration,
  shall assure that a list of qualified mediators who are knowledgeable in
  the laws and regulations relating to the provision of special  education
  and related services is maintained. For purposes of this section, if not
  selected  through  a  rotational  selection  process, mediators shall be
  selected by mutual agreement of both parties to the mediation.
    * 4. A school district may establish procedures to  offer  parents  or
  persons  in  parental  relation  and  schools  that elect not to use the
  mediation  process  the  opportunity  to  meet,  at  a  time  and  place
  convenient  to  such  parents  or  persons  in parental relation, with a
  disinterested party who is  under  contract  with  a  community  dispute
  resolution center, to encourage the use of the mediation process by such
  parents and explain its benefits.
    * NB Effective until June 30, 2012
    * 4.  A school district may establish procedures to require parents or
  persons in parental relationship who elect  not  to  use  the  mediation
  process  to  meet,  at  a  time  and place convenient to such parents or
  persons in parental relationship, with  a  disinterested  party  who  is
  under  contract with a community dispute resolution center, to encourage
  the use of the  mediation  process  by  such  parents  and  explain  its
  benefits.
    * NB Effective June 30, 2012
    * 5.  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. An agreement  reached  by  the  parties  to  the
  dispute  in  the  mediation  process  shall  be  set  forth in a written
  mediation agreement. Such agreement shall be a legally binding agreement
  that sets forth the resolution of the dispute and: (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 action or proceeding; (ii) is signed by both
  the parent or person in parental relation and a  representative  of  the
  school  district  or  agency  who  has the authority to bind such school

  district or agency; and (iii) is  enforceable  in  any  state  court  of
  competent  jurisdiction  or  in  a  United  States  district  court. The
  committee  on  special  education  or  committee  on  preschool  special
  education shall immediately amend the student's individualized education
  program to be consistent with such mediation agreement. Discussions that
  occur  in  the  mediation  process shall be confidential, and may not be
  used as evidence in  any  subsequent  proceedings  pursuant  to  section
  forty-four  hundred  four  of  this  article  or in any subsequent civil
  actions or proceedings.
    * NB Effective until June 30, 2012
    * 5. 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.  An  agreement  reached by the parties to the
  dispute in the mediation  process  shall  be  set  forth  in  a  written
  mediation  agreement. The committee on special education or committee on
  preschool  special  education  shall  immediately  amend  the  student's
  individualized  education  program  to be consistent with such mediation
  agreement. Discussions that occur in  the  mediation  process  shall  be
  confidential,  and  may  not  be  used  as  evidence  in  any subsequent
  proceedings pursuant to section forty-four hundred four of this  article
  or  in  any  subsequent civil actions or proceedings. The parties to the
  mediation process may be required to sign a confidentiality pledge prior
  to the commencement of the process.
    * NB Effective June 30, 2012
    6. The provisions of this section shall not operate to diminish, deny,
  delay, or limit any rights provided for by this  article  or  any  other
  provisions of law, including the right of a parent or person in parental
  relationship to request an impartial hearing.
    7.  Nothing  in  this  section shall be construed to limit a parent or
  person in parental relationship from requesting  an  impartial  hearing,
  pursuant  to  the  provisions of section forty-four hundred four of this
  article without utilizing the procedures set forth in this  section.  No
  such  person  shall  be  deemed to have failed to exhaust administrative
  remedies by requesting such an impartial hearing in the  absence  of  or
  prior to mediation, as provided for by this section.