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5. Specify the timelines for the resolution period and that participation is required.

If the LEA has not resolved the due process complaint to the satisfaction of the parent within 30 days of the receipt of the due process complaint, the due process hearing may occur.
[34 CFR 300.510(b)(1)] [20 U.S.C. 145(f)(1)(B)(ii)]

Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding 34 CFR 300.510(b)(1) and (2), the failure of the parent filing a due process complaint to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held.
[34 CFR 300.510(b)(3)]

If the LEA is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made (and documented using the procedures in 34 CFR 300.322(d)), the LEA may, at the conclusion of the 30-day period, request that a hearing officer dismiss the parent’s due process complaint.
[34 CFR 300.510(b)(4)]

If the LEA fails to hold the resolution meeting specified in 34 CFR 300.510(a) within 15 days of receiving notice of a parent’s due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline.
[34 CFR 300.510(b)(5)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. How does the resolution meeting affect the due process timelines? What factors might change those timelines?

Application Questions

  1. If parties agree to an external facilitator at a resolution meeting, when does it become mediation?

  2. Do Hearing Officers have the latitude to further investigate the circumstances of a scheduled meeting when parents did not participate?

  3. What procedures will the LEA use to help school staff and families understand the process and timelines?

    These questions were developed by the following stakeholders working together:

    Role: General Education Administrator
    Location: California

    Role: Educational Consultant
    Location: Florida

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: Illinois

    Role: Special Education Administrator
    Location: Kentucky

    Role: Family Member
    Location: New Jersey

    Role: Teacher
    Location: West Virginia