NC Education Code · NC Policy Manual

NC 1504-1.11 Resolution Process

Plain English summary

This regulation governs the resolution process that must occur before a due process hearing can proceed. An LEA must convene a resolution meeting within 15 days of receiving a due process petition, and if the dispute is not resolved within a 30-day resolution period, the due process hearing may begin. Specific timelines, waiver conditions, written settlement requirements, and a 3-business-day agreement voiding window are established.

Key requirements

  • Within 15 days of receiving notice of a parent's petition for a due process hearing, and prior to the initiation of a due process hearing under NC 1504-1.12, 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 petition.
  • The meeting must include a representative of the LEA who has decision-making authority on behalf of that LEA.
  • The meeting may not include an attorney of the LEA unless the parent is accompanied by an attorney. If the parent plans to be accompanied by an attorney under this section, the parent must give prior notice of this fact to the LEA.
  • The meeting 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 NC 1504-1.7.
  • If the LEA has not resolved the issues of the due process hearing petition to the satisfaction of the parent within 30 days of the receipt of the due process petition, the due process hearing may occur.
  • The failure of the parent filing a petition for a due process hearing 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 procedures in NC 1503-4.3(d)), the LEA may, at the conclusion of the 30-day period, request that a hearing officer dismiss the parent's due process petition.
  • If the LEA fails to hold the resolution meeting within 15 days of receiving notice of a parent's petition 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 NC 1504-1.16(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 a party withdraws from continued mediation after the 30-day resolution period.
  • If a resolution to the dispute is reached, the parties must execute a legally binding agreement signed by both the parent and a representative of the LEA who has the authority to bind the LEA.
  • The written settlement agreement is enforceable in any State court of competent jurisdiction or in a district court of the United States, or by the SEA through the State complaint process pursuant to NC 1504-2.8.
  • A party may void the agreement within 3 business days of the agreement's execution.

Affected parties

  • Local Education Agencies (LEAs)
  • Parents of children with disabilities
  • IEP Team members
  • Hearing officers
  • LEA attorneys
  • State Education Agency (SEA)

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=89