SPECIAL EDUCATION MEDIATION AND IMPARTIAL HEARING
The district will offer mediation as an alternative to the impartial hearing process in disputes regarding the provision of a free, appropriate public education for students identified by the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) as having a disability or students suspected of having a disability. Such mediation shall be conducted by mediators furnished by a Community Dispute Resolution Center under Article 21-A of the Judiciary Law.
Parents or persons in parental relationship to students suspected of or having disabilities will receive written notice of the availability of the mediation program each time they receive notice of their entitlement to the impartial hearing procedures in accordance with Federal and State law and regulations.
Mediation will not operate to diminish or limit any rights provided for in law, including the right of the parent or person in parental relationship to request an impartial hearing subsequent to mediation. Parents or persons in parental relationship to students suspected or or having disabilities continue to have full access to all rights, including due process procedures, provided for in 34 Code of Federal Regulations Sections 300.500 - 300.515 and in 8 New York Code of Rules and Regulations Section 200.b(c). Similarly, mediation shall not be construed to limit a parent or person in parental relationship from requesting an impartial hearing without having first utilized mediation procedures set forth in Education Law.
Parents or persons in parental relationship to students suspected of or having disabilities with disputes regarding the provision of a free, appropriate public education for students identified by the Committee on Special Education (CSE) or Committee on Preschool Special Education (CPSE) as having a disability, or students suspected of having a disability and the District shall have access to an impartial hearing to seek a resolution of the dispute.
All impartial hearing requests hall be in writing and shall be sent to the Board of Education through the District Clerk. An Impartial Hearing Request should include the name and address of the student, describe the facts relating to the complainant's concerns and recommend a proposed solution.
Such hearing shall be conducted by an Impartial Hearing Officer on a list furnished by a Community Dispute Resolution Center under Article 21-A of the Judiciary Law, appointed by the Board of Education. Impartial Hearing Officers will be assigned on a rotating basis, and will be appointed by the Board of Education at the next regularly scheduled Board of Education meeting.
Education Law Section 4402 (a)
Adopted on: April 11, 2005
Reviewed on: 11/5/2007
Phoenix Central Schools
Phoenix, New York 13135
IMPARTIAL HEARING/MEDIATION REQUEST FORM
Mediation Impartial Hearing
Parent/Guardian Name: ________________________________________________________________________
Student Name: _______________________________________________________________________________
CSE Chairperson: _____________________________________________________________________________
Facts relating to concern: _______________________________________________________________________
Proposed Solution: ____________________________________________________________________________
Please return this form to:
Phoenix Central Schools
Attn: District Clerk
116 Volney Street
Phoenix, NY 13135