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RSA 186-C:24 · Mediation; Procedure

Title
XV: EDUCATION
Chapter
186-C · SPECIAL EDUCATION
Status
current
Official source linked
Yes
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186-C:24 Mediation; Procedure. –

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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:

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(a)

Attempts to resolve conflicts between the parent or parents and a school district are encouraged.

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(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.

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II.

Mediation shall be provided as follows:

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(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;

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(b)

A mediation conference shall be conducted within 30 calendar days after receipt of a written request, which may be continued if mutually agreed to by the parties, at which time:

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(1)

Issues shall be determined;

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(2)

Options explored; and

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(3)

Mediation attempts made within New Hampshire law.

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(c)

The role of the mediator shall be:

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(1)

To facilitate communication.

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(2)

To define the issues and explore alternatives.

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(3)

To remain neutral.

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(d)

The mediation conference shall be:

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(1)

Informal; and

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(2)

Held at a time and place reasonably convenient and mutually agreeable to the parties in the dispute.

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(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.

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(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.

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(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.

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III.

The commissioner shall:

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(a)

Appoint impartial mediators.

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(b)

Assure that mediators receive appropriate training.

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(c)

Assign mediators on a regional basis. Source. 1990, 162:1. 1996, 195:3. 2008, 302:28, eff. Jan. 1, 2009. 2023, 72:2, eff. Aug. 6, 2023. Medicaid to Schools Program

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Source note

Source. 1990, 162:1. 1996, 195:3. 2008, 302:28, eff. Jan. 1, 2009. 2023, 72:2, eff. Aug. 6, 2023. Medicaid to Schools Program

Source history

  • 1990, 162:1
  • 1996, 195:3
  • 2008, 302:28, eff. Jan. 1, 2009
  • 2023, 72:2, eff. Aug. 6, 2023. Medicaid to Schools Program

Related materials

Bill relationships

  • 2026 HB1548 amend

    emies. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Reporting and Publication of Special Education Cost Data. Amend RSA 186-C by inserting after section 18 the following new section: 186-C:18-a Reporting and Publication of Special Education Cost Data. The department of education shall provide the legislature and publish on its website a rep

  • 2026 HB1548-FN amend

    emies. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Reporting and Publication of Special Education Cost Data. Amend RSA 186-C by inserting after section 18 the following new section: 186-C:18-a Reporting and Publication of Special Education Cost Data. The department of education shall provide the legislature and publish on its website a rep

  • 2026 HB1563 amend · effective 2028-07-01

    de, but not be limited to, daily schedules, payroll records, and invoices. 4 New Section; Special Education; Administration and Monitoring of State Special Education Aid. Amend RSA 186-C by inserting after section 18 the following new section: 186-C:18-a Administration and Monitoring of State Special Education Aid. I. Each school district seeking reimbursement under this chapter shall submit to th

  • 2026 HB1563-FN-L amend · effective 2028-07-01

    de, but not be limited to, daily schedules, payroll records, and invoices. 4 New Section; Special Education; Administration and Monitoring of State Special Education Aid. Amend RSA 186-C by inserting after section 18 the following new section: 186-C:18-a Administration and Monitoring of State Special Education Aid. I. Each school district seeking reimbursement under this chapter shall submit to th

  • 2026 HB1564 related · effective 2027-01-01

    lly disabled persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service

  • 2026 HB1564-FN related · effective 2027-01-01

    lly disabled persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service

  • 2026 HB1791 amend · effective 2027-01-01

    he Senate and House of Representatives in General Court convened: 1 New Section; Inclusive Higher Education Grant Program for Students with Developmental Disabilities. Amend RSA 186-C by inserting after section 12 the following new section: 186-C:12-a Inclusive Higher Education Grant Program for Students with Developmental Disabilities Established. I. The department of education shall establish

  • 2026 HB1791-FN-A amend · effective 2027-01-01

    he Senate and House of Representatives in General Court convened: 1 New Section; Inclusive Higher Education Grant Program for Students with Developmental Disabilities. Amend RSA 186-C by inserting after section 12 the following new section: 186-C:12-a Inclusive Higher Education Grant Program for Students with Developmental Disabilities Established. I. The department of education shall establish

  • 2026 HB431 amend · effective 2026-07-01

    cial education. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Commission Established; Special Education Costs. Amend RSA 186-C by inserting after section 1 the following new section: 186-C:1-a Commission to Study Costs of Special Education Established. I. There is established a commission to explore the costs of special education within pub

  • 2026 SB101 reference · effective 2027-07-01

    y for Special Education Services. The resident district shall remain responsible for educational decision making and the provision of special education and related services under RSA 186-C, consistent with the child’s IEP, for pupils with disabilities who transfer to a school outside the resident district. 194-D:5 State Board; Duties. I. The state board shall adopt rules, pursuant to RSA 541-A, consis

  • 2026 SB101-FN reference · effective 2027-07-01

    y for Special Education Services. The resident district shall remain responsible for educational decision making and the provision of special education and related services under RSA 186-C, consistent with the child’s IEP, for pupils with disabilities who transfer to a school outside the resident district. 194-D:5 State Board; Duties. I. The state board shall adopt rules, pursuant to RSA 541-A, consis

  • 2025 HB76 add

    ng special education complaints. Be it Enacted by the Senate and House of Representatives in General Court convened: 56:1 New Section; Special Education State Complaints and Findings; Complaint Tracking. Amend RSA 186-C by inserting after section 5 the following new section: 186-C:5-a Special Education State Complaints and Findings; Complaint Tracking. I. The department shall establish and maintain a tracking system for all s