§ 300.510 Resolution process.

Plain English summary

This section establishes the resolution process that must occur before a due process hearing can proceed. The LEA must convene a resolution meeting with the parent within 15 days of receiving a due process complaint, and if the dispute is not resolved within 30 days, the due process hearing may proceed. If a settlement is reached, the parties must execute a legally binding written agreement, which either party may void within 3 business days of execution.

Key requirements

• Within 15 days of receiving notice of the parent's due process complaint, and prior to the initiation of a due process hearing under § 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.
• The meeting includes a representative of the public agency who has decision-making authority on behalf of that agency.
• The meeting 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.
• The meeting need not be held if the parent and the LEA agree in writing to waive the meeting, or if the parent and the LEA agree to use the mediation process described in § 300.506.
• The parent and the LEA determine the relevant members of the IEP Team to attend the meeting.
• 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.
• The timeline for issuing a final decision under § 300.515 begins at the expiration of this 30-day period.
• 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.
• 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 § 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.
• If the LEA fails to hold the resolution meeting 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.
• The 45-day timeline for the due process hearing in § 300.515(a) starts the day after: both parties agree in writing to waive the resolution meeting; the parties agree in writing that no agreement is possible; or the parent or public agency withdraws from a continued mediation process.
• If a resolution to the dispute is reached, the parties must execute a legally binding agreement that is signed by both the parent and a representative of the agency who has the authority to bind the agency.
• The agreement is enforceable in any State court of competent jurisdiction or in a district court of the United States, or by the SEA pursuant to § 300.537.
• A party may void the agreement within 3 business days of the agreement's execution.

Affected parties

• Local Educational Agencies (LEAs)
• Parents of children with disabilities
• IEP Team members
• Public agency representatives
• Hearing officers
• State Educational Agencies (SEAs)
• Attorneys representing parents or LEAs

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.510