Specifications include, but are not limited to: A person who is otherwise qualified to conduct a mediation is not a TEA employee solely because he or she is paid by TEA to serve as a mediator. In addition, the outside practice of law is not barred as long as it is permitted under this section (Section B1), subsections (a) through (c), and is compatible with the duties of a special education mediator. There is no guarantee as to the number of mediations that will be assigned to a mediator. TEA’s current practice is to assign mediations based on a random rotation or based on the parties’ selection. However, the assignment process could be modified in the future based on program needs. 1. A special education mediator must be independent and impartial. In this regard, a mediator may not: a. Be an employee of TEA or any public agency that is involved in the education or care of the student who is the subject of a mediation; b. Have a personal or professional interest that would conflict with his or her objectivity in a mediation; or c. Represent, contract with, be employed by, or accept any remuneration from any individual or entity (including, without limitation, any child, parent, teacher, administrator, school district, or regional education service center) in connection with any matter relating to or involving public education (including, without limitation, any matter arising under or relating to the TEC, IDEA, Section 504 of the Rehabilitation Act of 1973, and any other federal or state law, rule, or regulation relating to education). 2. If necessary, a mediator must travel to the school district or charter school involved in a mediation to conduct the mediation. 3. A mediator must possess, at his or her own expense, the necessary support and equipment to perform his or her duties. At a minimum, the mediator must have and maintain in good working order: (1) a telephone (monitored during business hours by an assistant, answering service, or answering system); (2) a fax machine; (3) a personal computer, with internet service, running Windows and Microsoft Office compatible software; and (4) an electronic mail (email) address. 4. A mediator must comply with the standards of neutrality, confidentially, and conduct required by the IDEA, FERPA, and the State Bar of Texas Rules. In executing tasks on behalf of TEA, the mediator must not use any student identifying information in any way that violates the provisions of FERPA and must destroy all student-identifying information within thirty (30) days of project completion. 5. A mediator must organize and maintain individual case files along with detailed records of activity on each case, such as travel, administrative expenses, research, and correspondence. 6. A mediator must comply with all legal and contractual timelines, including but not limited to the following. a. Contacting both parties by phone or email within three business days of a case assignment; b. Conducting the mediation session within 15 calendar days of assignment unless both parties have difficulty agreeing to the date, time, and place of the session; and c. Providing a closure letter to both parties that states the date and final outcome of the mediation session (i.e., that the mediation ended in agreement or no agreement). TEA’s mediation survey must be included with the closure letter. The closure letter must be transmitted to the parties and TEA within five business days of the closure of the mediation. 7. A mediator must prepare and submit to TEA by the 10th day of each month a standard invoice (on a template provided by TEA) detailing the activities and expenses by case. Payment for services and reimbursement of expenses by TEA is further conditioned upon: a. The mediator’s full compliance with all legal and contractual requirements applicable to special education mediators (including, without limitation, the specific requirements described in Sections 1.5(A) and (B)); b. The reasonableness of the amount of time spent by the mediator on the case(s) for which he or she is seeking payment/reimbursement; and c. The mediator’s timely submission of reasonable and acceptable documentation supporting all expenses being claimed. 8. A mediator must attend all training sessions held at TEA (typically one or two each fiscal year). In addition, a mediator must earn at least 10 hours of CLE in subject areas directly applicable to the duties of a mediator. An individual who serves as both a mediator and a hearing officer must earn at least 15 hours of credit in areas directly applicable to the duties of both roles. 9. If a mediator has not previously served as a special education mediator for TEA, he or she must: a. Attend orientation training(s) required by TEA; and b. Observe at least two special education mediations before being assigned a case. 10. A mediator must provide updates on case activities for each case file in the manner specified by TEA. 11. A mediator and any of the mediator’s staff who will have access to Texas public school campuses must submit to national criminal history record information review (including fingerprinting) and meet all eligibility standards and criteria set by TEA before serving in assignments on behalf of TEA. The mediator will be responsible for payment of any costs and/or fees incurred in connection with the criminal history review and fingerprinting. If an individual has not completed this requirement or the review results in determination that the individual is not eligible for assignment, the contract will be terminated effective immediately or on the date of notice of non-eligibility, whichever is earliest.
