Section 186-C:23-b Neutral Conference.
I. Neutral conference shall consist of an informal, abbreviated presentation of case facts and issues by the parties to a neutral who is responsible for reviewing the strengths and weaknesses of the case and issuing a recommendation. If the neutral conference is selected, the department of education shall provide the parties with resumes of 5 neutrals. The parties shall agree to the selection of one neutral to preside at the conference. Following such selection, the department shall schedule the neutral conference and shall provide the parties with the neutral's name and address, the time, date, and place of the neutral conference, and the date by which the parties shall furnish the neutral with required information and documentation.
II. (a) Not less than 5 days prior to the neutral conference, the parties shall submit to the neutral and exchange a summary of the significant aspects of their case. The parties shall attach to the summary copies of all documents on which they rely. Such summaries shall be not more than 4 pages.
(b) Parties shall not communicate with the neutral concerning their case.
(c) At the neutral conference, the parties shall be present and shall have authority to authorize settlement.
(d) If the neutral deems it necessary, such neutral may request additional written information prior to the conference from either party. At the neutral conference, the neutral may address questions to the parties and shall allow each party no more than 30 minutes to complement their written summaries with a brief oral statement. The conference shall be limited to not more than 2 hours.
(e)(1) At the conclusion of the oral statements, the neutral shall issue an oral opinion to the parties. The opinion shall contain a suggested settlement or disposition and the reasons therefor.
(2) If the neutral conference results in agreement, the conclusions shall be incorporated into a written binding agreement signed by each party.
(3) If the neutral conference does not result in agreement, the neutral shall document only the date and the participants at the meeting. No other record of the neutral conference shall be made. The neutral shall not be called as a witness at any additional proceedings in the specific case in which such neutral participated.
(4) The neutral shall advise the department of education that the neutral conference has taken place.
III. (a)(1) The neutral who presides at a conference shall have experience with children with disabilities and shall have knowledge of special education law, rules, and regulations.
(2) The neutral shall not have personal knowledge of the student or involvement with the school district.
(3) [Repealed.]
(b) Upon receipt of notice of appointment in a case, the neutral shall disclose any circumstances likely to create a conflict of interest, the appearance of a conflict of interest, a reasonable inference of bias, or to prevent the process from proceeding as scheduled. If the neutral withdraws, has a conflict of interest, or is otherwise unavailable, another shall be appointed by the commissioner of education.
(c) The participants and counsel shall recognize that the neutrals shall not be acting as legal advisors or legal representatives.
IV. The department of education shall evaluate the effectiveness of the alternative dispute resolution procedures annually and shall report its findings to the State Advisory Council required by the Individuals with Disabilities Education Act.
Source. 1994, 223:3. 1997, 89:2, eff. Aug. 2, 1997. 2008, 302:27, eff. Jan. 1, 2009.