Id in texas most of the contract mediators are also

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Id. In Texas, ‘‘[m]ost of the contract mediators are also special education due process hearing officers.’’ DIV.OF LEGAL SERVS.,TEX.EDUC.AGENCY,SPECIAL EDUCATION RESOLUTION SYSTEMS HANDBOOK8 (2013).
2013] IMPROVING ELL ACCESS TO EDUCATION375 As noted above, special education mediation is confidential under the IDEA------and often under state laws as well.108The IDEA and its regulations are silent as to whether states can limit attorney participation in special education mediations, and, at least in the past, some states have chosen to do so.109108. 20 U.S.C. § 1415(e)(2)(G) (2012); 34 C.F.R. § 300.506(b)(8). For a state-by-state review of mediation laws, see SARAH R.COLE ET AL.,MEDIATION:LAW,POLICY &PRACTICE(2d ed. 2010). Many states have adopted versions of Uniform Mediation Act (UMA), which deals primarily with confidentiality and privilege in mediation communications. See Mediation Act Summary,UNIFORM L.COMMISSION, (last visited Dec. 18, 2012).The UMA has been adopted by the District of Columbia, Hawaii, Idaho, Illinois, Iowa, Nebraska, New Jersey, Ohio, South Dakota, Utah, Vermont, and Washington, and has been introduced in New York and Massachusetts. See Acts: Mediation Act, UNIFORM L.COMMISSION, available at Act.aspx?title=Mediation%20Act (last visited Dec. 18, 2012). Delaware, Florida, Montana, Nevada, Oregon, Virginia, and Wyoming have adopted similar bills. SeeMatt Brown, Legislation: Where the Uniform Mediation Act Stands in the States, CPR, Legislation-Where-the-Uniform-Mediation-Act-Stands-in-the-States-Web.aspx (last visited Dec. 18, 2013). 109. SeeEDWARD FEINBERG &JONATHAN BEYER,THE ROLE OF ATTORNEYS IN SPECIAL EDUCATION MEDIATION 8 (2000), available at. org/cadre/pdf/The%20Role%20of%20Attorneys%20in%20Special%20Education%20Mediation.pdf(reporting that at least seven states------Alaska, Arkansas, Delaware, Idaho, Maine, New Hampshire, Pennsylvania, and Washington------‘‘formally exclude or discourage attorneys from participating in mediation.’’). The current Notice of Procedural Safeguards for most of these seven states do not appear to actively discourage or exclude attorneys. SeeALASKA DEPT OF EDUC.&EARLY DEV.,NOTICE OF PROCEDURAL SAFEGUARDS:PARENTAL RIGHTS FOR SPECIAL EDUCATION (2012), available at Updates/ProSafe.pdf; ARK.DEPT OF EDUC.,PART BPROCEDURAL SAFEGUARDS NOTICE (2013), available at Procedural_Safeguards_Notice.pdf; DEL.DEPT OF EDUC.EXCEPTIONAL CHILDREN RESOURCES,SPECIAL EDUCATION RIGHTS OF PARENTS AND CHILDREN(2012), available at ProceduralSafeguards.Revised5.1.2012.pdf.Revised5.1.2012.pdf (‘‘Delaware Safeguards Notice’’); IDAHO STATE DEPT OF EDUC.,PART BPROCEDURAL SAFEGUARDS NOTICE(2008), available atforms.htm; N.H.STATEDEP

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