Mediation Process

1. Law
2. Tennessee Code
3. Education
4. Special Education
5. Rights of Children and Parents
6. Mediation Process

1. The department shall ensure that procedures are established and implemented to allow parties to resolve a dispute on matters related to a proposal or a refusal to initiate or change the identification, evaluation, or educational placement of a child with a disability, or the provision of a FAPE to the child, through a mediation process.
2. In addition to the requirements set forth in the IDEA, the procedures must ensure that the mediation process:
   1. Is voluntary on the part of the parties;
   2. Is not used to deny or delay a parent's right to a due process hearing or to deny any other rights afforded under state or federal law; and
   3. Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques.
3. All special education mediations shall be conducted by mediators who have been trained in accordance with Tennessee Supreme Court Rule 31 requirements and who are employed by or contracted by the secretary of state.
4. The mediators who conduct special education mediations shall receive legal training in special education law.
5. All parties shall participate in mediation in good faith.

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