Rule 24:05:30:09.01 Mediator -- Qualified and impartial.
24:05:30:09.01. Mediator -- Qualified and impartial. The
mediation process shall be conducted by a qualified and impartial mediator who
is trained in effective mediation techniques. The department shall maintain a
list of individuals who are qualified mediators and knowledgeable in laws and
regulations relating to the provision of special education and related
services. Mediators shall be selected on a random, rotational, or other
impartial basis. An individual who serves as a mediator:
(1) May not be an employee of:
(a) Any school
district or state agency that is involved in the education or care of the
(b) The department, if
the department is providing direct services to a child who is the subject of
the mediation process; and
(2) May not have a personal
or professional interest that conflicts with the person's objectivity.
A person who otherwise qualifies as a
mediator is not an employee of a district or state agency solely because the
person is paid by the department to serve as a mediator.
26 SDR 150, effective May 22, 2000; 33 SDR 236, effective July 5, 2007.
Authority: SDCL 13-37-1.1.
Implemented: SDCL 13-37-1.1.
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