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Legal Resources | Title 5 |    3098.1  

Duties of Contractors or Agencies Related to Conducting Mediation or Due Process Hearings. Training for Mediators.   

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(a) A mediator shall complete at least 20 hours of training in mediation theory, techniques, and practices, which may include practical, clinical, or simulated training and shall include, but not be limited to, the following subjects:

(1) Mediation purposes;

(2) Evaluating cases for mediation;

(3) Mediation and mediator's ethics;

(4) Confidentiality in and after mediation;

(5) Negotiation theory;

(6) Approaches to conflict resolution;

(7) Preparation for mediation;

(8) Mediator's opening;

(9) Stages of mediation;

(10) Identification and narrowing of issues;

(11) Communications skills;

(12) Use of caucuses;

(13) Strategies for dealing with recurring mediation problems;

(14) Recognizing opportunities in mediation;

(15) Recognizing and dealing with impasse and closure;

(16) Multi-party mediation;

(17) Post-mediation issues; and

(18) Resources for mediators.

(b) In addition to the initial training identified in the immediately preceding subdivision (a) and prior to conducting a mediation, a mediator shall complete at least 20 hours of training in special education disputes, which may include practical, clinical, or simulated training, and which shall include, but not be limited to, the following subjects:

(1) The substantive and procedural laws relating to the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA)(20 U.S.C. Sections 1400-1482), including, but not limited to:

(A) Federal and state regulations pertaining to IDEIA and legal interpretations of this Act by federal and state courts;

(B) Education Code Title 2, Division 4, Part 30, commencing with section 56000 and implementing regulations; and

(C) Related federal and state statutes, regulations and court and administrative rulings interpreting or implementing all of the above.

(2) Common disabilities and their impact on human functioning;

(3) The impact of common disabilities on students in an educational environment;

(4) Disability awareness,

(5) Options for the accommodation of disabilities in education and elsewhere;

(6) Services and supports available to students with exceptional needs;

(7) Adaptation of general techniques to special education disputes;

(8) Participation of children with exceptional needs in special education disputes; and

(9) Participation of parents, guardians, and representatives of children with exceptional needs in special education disputes.

(c) In addition to the initial 40 hours of training described in the immediately preceding subdivisions (a) and (b), a mediator shall complete at least 20 hours of continuing education during each fiscal year. This continuing education shall include training in mediation and the mediation of special education disputes, which may include practical, clinical or simulated training and which shall include but not be limited to, further study of, and developments in, the subjects set forth in the immediately preceding subdivisions (a) and (b).

Authority cited:

Education Code 56504.5

Reference:

Education Code 56504.5

20 U.S.C. 1415

34 C.F.R. 300.506

(Amended by Register 2012, No. 39.)