---
kind: "section"
citation: "25 C.F.R. § 42.5"
title: "25"
number: "42.5"
heading: "When can a school use ADR processes to address an alleged violation?"
url: "https://uscodex.org/cfr/25/42.5"
---

# §42.5. When can a school use ADR processes to address an alleged violation?

- (a) The school may address an alleged violation through the ADR processes described in [§ 42.4](/cfr/25/42.4.md), unless one of the conditions in [paragraph (b)](#b) of this section applies.
- (b) The school must not use ADR processes in any of the following circumstances:
  - (1) Where the Act requires immediate expulsion (“zero tolerance” laws);
  - (2) For a special education disciplinary proceeding where use of ADR would not be compatible with the Individuals with Disabilities Education Act (Pub. L. 105-17); or
  - (3) **When all parties do not agree to using alternative dispute resolution processes.**
- (c) If ADR processes do not resolve matters or cannot be used, the school must address alleged violations through the formal disciplinary proceeding described in [§ 42.8](/cfr/25/42.8.md).

## Notes

### Authority

Authority: 5 U.S.C. 301, Pub. L. 107-110, 115 Stat. 1425.

### Source

Source: 70 FR 22218, Apr. 28, 2005, unless otherwise noted.