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ROBERT L. EHRLICH, JR., Governor
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Ch. 233
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(b) (1) THE PARENT OF A CHILD WITH A DISABILITY OR A PUBLIC AGENCY
MAY FORMALLY REQUEST MEDIATION AT ANY TIME TO RESOLVE ANY
DISAGREEMENT BETWEEN THE PARTIES REGARDING THE CHILD'S SPECIAL
EDUCATION SERVICES OR PROGRAM.
[(1)] (2) If a parent [seeks review of the decision of] FILES A DUE
PROCESS COMPLAINT AGAINST a public agency concerning the identification,
evaluation, or educational placement of a student or the provision of a free
appropriate public education, any party shall be given the opportunity to request
mediation of those aspects of the decision subject to dispute.
[(2)] (3) The request for mediation may not be used to deny or delay the
parent's rights under federal law or this section.
[(3)] (4) Any party to the mediation has the right to be accompanied and
advised by counsel.
(5) MEDIATION SHALL BE CONDUCTED IN ACCORDANCE WITH
DEPARTMENTAL REGULATIONS.
(6) A MEDIATION AGREEMENT SHALL BE IN WRITING AND IS
ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN ACCORDANCE WITH
FEDERAL LAW.
(C) (1) BEFORE CONDUCTING A DUE PROCESS HEARING AS DESCRIBED IN
ACCORDANCE WITH SUBSECTION (D) OF THIS SECTION, THE PUBLIC AGENCY SHALL
PROVIDE THE PARENT WITH AN OPPORTUNITY TO RESOLVE THE DUE PROCESS
COMPLAINT AT A RESOLUTION SESSION IN ACCORDANCE WITH FEDERAL LAW.
(2) A RESOLUTION SESSION AGREEMENT SHALL BE IN WRITING AND
ENFORCEABLE IN A COURT OF COMPETENT JURISDICTION IN ACCORDANCE WITH
FEDERAL LAW.
(3) A WRITTEN RESOLUTION AGREEMENT MAY BE VOIDED BY THE
PARTIES WITHIN 3 BUSINESS DAYS OF EXECUTION IN ACCORDANCE WITH FEDERAL
LAW.
[(c)] (D) (1) A parent [or guardian] of a [student] CHILD with disabilities
[or the public agency may make] SHALL FILE a [written request to] DUE PROCESS
COMPLAINT WITH the Office of Administrative Hearings [for a review of the
identification, evaluation, or educational placement of the child or the provision of a
free appropriate education for the child] AND THE PUBLIC AGENCY.
(2) A PUBLIC AGENCY SHALL FILE A DUE PROCESS COMPLAINT WITH
THE OFFICE OF ADMINISTRATIVE HEARINGS AND THE PARENT.
(3) UNLESS A PARENT WAS PREVENTED FROM REQUESTING A DUE
PROCESS HEARING DUE TO CONDITIONS SET FORTH IN FEDERAL LAW EXCEPT AS
PROVIDED IN PARAGRAPH (4) OF THIS SUBSECTION. THE COMPLAINING PARTY
SHALL FILE A DUE PROCESS COMPLAINT WITHIN 2 YEARS OF THE DATE THE PARTY
KNEW OR SHOULD HAVE KNOWN ABOUT THE ACTION THAT FORMS THE BASIS OF
THE DUE PROCESS COMPLAINT.
- 1377 -
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