This page contains the text of a regulation adopted by the Missouri State Board of Education. An official copy of the full text of this regulation is contained in the Code of State Regulations, published by the Office of Secretary of State. |
Title 5–DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION |
5 CSR 90-4.430 Mediation PURPOSE: This rule establishes the procedures for mediation for applicants or eligible individuals dissatisfied with a determination made regarding the provision of services by the Division of Vocational Rehabilitation, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended and the Code of Federal Regulations. (1) The applicant or eligible individual may request mediation regarding disputes involving any determination by the Division of Vocational Rehabilitation (DVR) that affects the provision of services. This request may be made in writing or by personally contacting a coordinator of DVR. (2) The assistant commissioner of DVR will assign a mediator selected pursuant to the federal act and/or applicable regulations and agreed to by both the DVR and the applicant or eligible individual. (3) An agreement reached by the parties shall be set forth in writing. (4) A written mediation agreement shall be provided to the applicant or eligible individual, or if appropriate, the individual’s parent, guardian or other representative and to the assistant commissioner within thirty (30) days of completion of the mediation process. (5) All discussions occurring during the mediation process shall be confidential and not used as evidence in any subsequent due process hearing or civil proceeding. Parties may be required to sign a confidentiality pledge prior to the commencement of mediation. (6) An applicant or eligible individual may request mediation without informal review or a due process hearing. Mediation is voluntary on the part of both parties. (7) Mediation will not be used to deny or delay an individual’s due process hearing. AUTHORITY: sections 161.092, 178.600, 178.610 and 178.620, RSMo 1994.* Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. *Original authority: 161.092, RSMo 1963, amended 1973; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963. |
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