Resolution Sessions
Opportunity to resolve the complaint
Required prior to impartial hearing unless agreed by parent and LEA
Parents and relevant members of IEP team who have specific knowledge of the facts identified in the complaint
Within 15 days of receiving notice
Must include decision-making representative of agency
May not include school attorney unless parent brings attorney
30 days from receipt of complaint to resolve complaint…if not, then due process hearing may occur
Written binding agreement
Speaker Notes:
Section 615(f)(l)(B)
Resolution sessions are required before a due process hearing. This is a session in which the parent discusses the complaint and the facts that form the basis of the complaint and the school is given the opportunity to resolve the complaint.
The LEA is required to convene a meeting with the parents and relevant member of IEP team who have specific knowledge of the facts identified in the complaint within 15 days of receiving the due process complaint notice. A parent and LEA can agree, in writing, to waive the resolution session, or agree to used the mediation process.
The school may not include its attorney in the resolution session unless the parent is accompanied by an attorney.
The agreement reached through a resolution session must be executed in a legally binding agreement that is signed by both the parent and the agency representative who has authority to bind the agency. The agreement is enforceable in any State court of competent jurisdiction or in a U.S. district court.
A party may void the agreement within three business days.