Section 186-C:24 Mediation; Procedure.
I. When disputes arise under this chapter, mediation shall be available through the office of the commissioner, department of education. Mediation shall be provided in accordance with the following:
(a) Attempts to resolve conflicts between the parent or parents and a school district are encouraged.
(b) Either party may be accompanied and advised at mediation by individuals with special knowledge or training with respect to the needs of children with disabilities. At least 5 days prior to the mediation conference, the mediator shall contact the parties to determine whether either party will be accompanied by an individual with special knowledge or training and shall notify the other party if such an individual will be in attendance.
II. Mediation shall be provided as follows:
(a) A request for mediation shall be made in writing by either party to the commissioner of education. The mediation request shall specify the issue or issues in dispute and the relief sought;
(b) A mediation conference shall be conducted within 30 calendar days after receipt of a written request at which time:
(1) Issues shall be determined;
(2) Options explored; and
(3) Mediation attempts made within New Hampshire law.
(c) The role of the mediator shall be:
(1) To facilitate communication.
(2) To define the issues and explore alternatives.
(3) To remain neutral.
(d) The mediation conference shall be:
(1) Informal; and
(2) Held at a time and place reasonably convenient and mutually agreeable to the parties in the dispute.
(e) If the mediation results in agreement, the conclusions shall be incorporated into a written binding agreement signed by each party. If the mediation does not result in agreement, the mediator shall document the date and the participants at the meeting. No other record of the mediation shall be made. The mediator shall not be called as a witness in any additional proceedings in the specific case that the mediator mediates.
(f) The mediator may terminate the mediation after at least one meeting if in the mediator's judgment the parties are not making progress toward resolving the issue or issues in dispute.
(g) Pending the outcome of mediation, no change shall be made to a pupil's classification, program or placement, unless both parties agree to the change.
III. The commissioner shall:
(a) Appoint impartial mediators.
(b) Assure that mediators receive appropriate training.
(c) Assign mediators on a regional basis.
Source. 1990, 162:1. 1996, 195:3, eff. Aug. 2, 1996. 2008, 302:28, eff. Jan. 1, 2009.