§ 300.537 State enforcement mechanisms.

Plain English summary

This section clarifies that while parties may seek judicial enforcement of mediation or resolution meeting agreements under other provisions, the SEA retains the option to use additional enforcement mechanisms for such agreements. However, any alternative SEA enforcement mechanism must be voluntary and cannot delay or deny a party's right to pursue enforcement through State or federal court.

Key requirements

• SEA may use mechanisms other than judicial enforcement to seek enforcement of a written agreement reached as a result of mediation or a resolution meeting
• Use of those alternative mechanisms must not be mandatory
• Use of those alternative mechanisms must not delay or deny a party the right to seek enforcement of the written agreement in a State court of competent jurisdiction or in a district court of the United States

Affected parties

• State Educational Agencies (SEAs)
• parents
• local educational agencies (LEAs)
• parties to mediation agreements
• parties to resolution meeting agreements

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.537