PROCEDURAL SAFEGUARDS: RESOLUTION MEETINGS AND DUE PROCESS HEARINGS - Regulations

7. Specify the requirements for resolution meeting agreements and enforceability of those agreements.

If a resolution to the dispute is reached at the meeting described in 34 CFR 300.510(a)(1) and (2), the parties must execute a legally binding agreement that is:
  • Enforceable in any State court of competent jurisdiction or in a district court of the United States, or, by the SEA, if the State has other mechanisms or procedures that permit parties to seek enforcement of resolution agreements, pursuant to 34 CFR 300.537.
[34 CFR 300.510(d)] [20 U.S.C. 1415(f)(1)(b)(iii)]

If the parties execute such an agreement, a party may void the agreement within three business days of the agreement’s execution.
[34 CFR 300.510(e)] [20 U.S.C. 1415(f)(1)(b)(iv)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. In your opinion, why is it important that an agreement reached in a resolution meeting be signed, documented and legally binding on both parties?”


  2. Why is it important for parents and districts to know that an agreement may be voided within a specific timeline?


  3. What might be some possible options when an agreement is not implemented?


Application Questions

  1. What procedures might your district put into place to ensure that agreements from a resolution meeting are implemented?


  2. How might you best communicate to all stakeholders the option to come to a binding agreement in 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