WAC 392-172A-05060–05075

As the notice states it

Heading, as printed: "Mediation"

Citation line, as printed: "34 CFR § 300.506; WAC 392-172A-05060–05075"

General

"Mediation services are available at no cost to you or the district to help resolve problems involving the identification, evaluation, educational placement, and provision of a FAPE to your child and whenever a due process hearing is requested. Mediation is voluntary and cannot be used to deny or delay your right to a due process hearing or to deny any other rights afforded under Part B of IDEA. The mediation sessions are scheduled in a timely manner at a location that is convenient to you and the district. Mediation is available if your primary language is not English or if you use another mode of communication when requested unless it is clearly not feasible to do so. The school district may develop procedures that offer parents that choose not to use the mediation process, an opportunity to meet, at a time and location convenient to you, with a disinterested party:"

"1. Who is under contract with an appropriate alternative dispute resolution entity, or a parent training and information center or community parent resource center in the state; and"

"2. Who would explain the benefits and encourage the use of the mediation process to you?"

Impartiality of Mediator

"Mediation is conducted by an individual who is qualified, impartial, and trained in effective mediation techniques. That individual must also be knowledgeable in the laws and regulations relating to the provision of special education and related services. OSPI contracts with an outside agency to conduct mediations. That agency maintains the list of mediators. Mediators are assigned on a random, rotational, or other impartial basis. The mediator (1) may not be an employee of OSPI, a district, or other state agency that is providing direct services to a child who is the subject of the mediation process, and (2) may not have a personal or professional conflict of interest. The mediation sessions are scheduled in a timely manner at a location that is convenient to you and the district."

Agreements Reached in Mediation

"If you and the district reach an agreement, it must be documented in a written mediation agreement that is signed by you and a representative of the district authorized to enter into legally binding agreements. Discussions during the mediation sessions are confidential and may not be used as evidence in any due process hearings or civil proceedings of any federal court or Washington state court. This must be stated in the written agreement. However, the mediation agreement itself may be used as evidence. Mediation agreements are legally binding and enforceable in any state court of competent jurisdiction or in a district court of the United States."

Differences Between Special Education Community Complaint Investigations and Due Process Hearings

"The regulations for Part B of IDEA have different procedures for state complaints (community complaints) and due process hearings. A community complaint may be filed with OSPI by any individual or organization alleging that a school district, OSPI, or any other public agency has violated a Part B requirement, federal rules contained in 34 CFR Part 300, or state regulations implementing Part B of the IDEA. Community complaints are investigated by OSPI, based on information about the violations provided by the person filing the complaint, and the school district, or other agency responding to the complaint. Community complaints must be filed within one year of the alleged violation. Due process hearing requests may only be filed by you or your school district on any matter relating to the identification, evaluation, or educational placement of your child, or the provision of a free appropriate public education (FAPE) to your child. The due process hearings are conducted by an administrative law judge (ALJ), employed by the Office of Administrative Hearings, which is an independent state agency. Due process hearings generally involve testimony of witnesses and introduction of evidence. Due process hearing requests must be filed within two years of the alleged violation (with some exceptions for misrepresentation or withholding information.) The timelines and procedures for community complaints and due process hearings are explained below."

On this site

This record is one of 33 built from the sections Washington's notice cites by number. Washington's page assembles the routes, offices, parent centers, and stated timelines from the same notice, and lists every record under its source map.

Previous: WAC 392-172A-05025–05045 · Next: WAC 392-172A-05080

Source

Notice of Special Education Procedural Safeguards for Students and Their Families (PDF), ospi.k12.wa.us; October 2023; retrieved Sep 13, 2026.

Change log

Sep 29, 2026 · Record created. Built by tools/render-citations.py from tools/packets/washington-packet.txt (capture of Sep 13, 2026): one record per section number the notice prints in full as WAC 392-172A-nnnnn; a citation printed as a range makes one record keyed on its first number, titled with the range as printed; a section cited under two headings carries both. Text is quoted, not summarized. Reviewer: Carrie Schluter, reviewed 2026-09-29. Corrections on the record in this log: hello@fieldassembly.net.