Mediation

PURPOSE: This rule establishes the procedures for mediation for applicants or eligible individuals dissatisfied with a determination made regarding the provision of services by Vocational Rehabilitation, Office of Adult Learning and Rehabilitation Services, Department of Elementary and Secondary Education pursuant to the Rehabilitation Act of 1973 as amended, and 34 CFR section 361.57(d). PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) The applicant or eligible individual may request mediation regarding disputes involving any determination by Vocational Rehabilitation (VR) that affects the provision of services. This request may be made in writing or by contacting the VR Cen tral Office. Mediation will be held within sixty (60) days of the request unless an informal resolution is achieved prior to the sixtieth day or both parties agree to a specified time extension. Mediation is voluntary on the part of both the individual and VR. (2) The assistant commissioner of the Office of Adult Learning and Rehabilitation Services or his/her designee will assign a mediator agreed to by both VR and the applicant or eligible individual. (3) An agreement reached by the parties as a result of mediation shall be set forth in writing. (4) A written mediation agreement shall be provided to the applicant or eligible individual or, if appropriate, the individual’s guardian or other representative, and to the assistant commissioner within thirty (30) days of completion of the mediation process. (5) All discussions occurring during the mediation process shall be confidential and not used as evidence in any subsequent due process hearing or civil proceeding. Parties may be required to sign a confidentiality pledge prior to the commencement of mediation. (6) An applicant or eligible individual may request mediation without informal review or a due process hearing. (7) Mediation will not be used to deny or delay an individual’s due process hearing. (8) 34 CFR Part 361.57(d) is hereby incorporated by reference and made part of this rule as published by the U.S. Government Publishing Office, 732 N. Capitol Street NW, Washington, DC 20401-0001, in June 2024. Copies of this regulation can also be obtained from the Department of Elementary and Secondary Education, Office of Adult Learning and Rehabilitation Services, 205 Jefferson Street, PO Box 480, Jefferson City, MO 65102-0480 and at https://dese.mo.gov/governmental-affairs/ dese-administrative-rules/incorporated-reference-materials. This rule does not incorporate any subsequent amendments or additions. AUTHORITY: sections 161.092, 178.600, 178.610, and 178.620, RSMo 2016.* This rule previously filed as 5 CSR 90-4.430. Original rule filed Dec. 17, 1999, effective Aug. 30, 2000. Moved to 5 CSR 20500.200, effective Aug. 16, 2011. Amended: Filed Jan. 27, 2014, effective Aug. 30, 2014. Amended: Filed June 14, 2024, effective Jan. 30, 2025. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014; 178.600, RSMo 1963; 178.610, RSMo 1963; and 178.620, RSMo 1963.