4. Add requirements for a resolution process.

Within 15 days of receiving notice of the parent’s due process complaint, and prior to the initiation of a due process hearing under 34 CFR 300.511, the LEA must convene a meeting with the parent and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in the due process complaint that:
  • Includes a representative of the public agency who has decision-making authority on behalf of that agency; and
  • May not include an attorney of the LEA unless the parent is accompanied by an attorney.
The purpose of the meeting is for the parent of the child to discuss the due process complaint, and the facts that form the basis of the due process complaint, so that the LEA has the opportunity to resolve the dispute that is the basis for the due process complaint.

The meeting described in 34 CFR 300.510(a)(1) and (2) need not be held if:
  • The parent and the LEA agree in writing to waive the meeting; or
  • The parent and the LEA agree to use the mediation process described in 34 CFR 300.506.
The parent and the LEA determine the relevant members of the IEP Team to attend the meeting.
[34 CFR 300.510(a)] [20 U.S.C. 1415(f)(1)(B)(i)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Given that the purpose of the resolution meeting is for the parent of the child to discuss the due process complaint and that there may have been many IEP Team meetings on this particular issue, how is this resolution meeting expected to be different for the family and the school?

  2. In your opinion, how do resolution meetings and mediation differ?

  3. What are the implications for parents if the LEA files the due process complaint?

  4. How might a resolution meeting begin to repair any relationship problems that might exist between the family and the school?

Application Questions

  1. Who would you consider to be relevant members of the IEP Team that would participate in a resolution meeting and who makes that decision?

  2. How might a school and the parents resolve disputes regarding who attends the meeting, meeting time and location?

  3. What might school staff and the parent do to increase the chances of resolving the dispute through a resolution meeting?

    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