Sec.17a-248-8. Mediation procedures to resolve individual child complaints

(a) A statewide mediation system shall be available to ensure parents and programs may voluntarily access a non-adversarial process for the resolution of complaints regarding the provision of early intervention services.

(b) The decision of the parent not to participate in mediation proceedings shall not prevent or delay the parent from pursuing an administrative proceeding as provided by section 17a-248-9 of the Regulations of Connecticut State Agencies.

(c) The lead agency shall appoint a qualified, impartial mediator upon written request from either a parent or a program. An impartial mediator shall not be an employee of any public agency, private agency or program involved in the provision of early intervention services or care of the child for whom the mediation has been requested. An impartial mediator shall not have a personal or professional interest that conflicts with his or her objectivity in the mediation proceedings.

(d) Any parent requesting mediation has the right to:

(1) withdraw at any time from mediation;

(2) withdraw at any time from mediation and request an administrative proceeding;

(3) have the mediation conducted at a neutral, reasonably convenient site and at a reasonably convenient time; and

(4) interpreter services or alternative communication services, if any are needed.

(e) When mediation results in successful negotiation of a partial or full agreement on areas in dispute between a parent and a program, the mediator shall:

(1) document the terms of the negotiated agreement in writing and obtain the signatures of the parent and the program representative on the written agreement;

(2) if applicable, list the unresolved issues and state only that no agreement was reached on these issues;

(3) whenever practicable, provide the written agreement in the dominant language of the parent or in an alternative mode of communication;

(4) ensure that the parent and program representative receive a copy of the written agreement; and

(5) inform the director of the disposition of the mediation.

(f) The service coordinator from the early intervention program shall ensure that the terms of the written agreement are incorporated into the IFSP not later than five (5) working days after the date of receipt of the written document.

(g) Except as required by state and federal law, all statements made during a mediation and all documents prepared for a mediation shall remain confidential unless both parties agree to release that information. No such information shall be used in any subsequent due process proceeding without the consent of both parties.

(Effective June 29, 1998; Amended August 30, 2004; Amended April 19, 2010; Amended July 2, 2014)