Wednesday, September 9, 2015
Special education Law 101 - Part XVII #procedures
This is the final post in a series of posts comprising an introduction to special education law. This series is meant to be an introduction for newbies and a refresher course for more experienced readers.
Today's post concerns some additional unusual procedural issues in due process hearings:
IDEA provides provides that where a parent requests a due process hearing, the school district must convene a resolution session within 15 days of receipt. The school district may not bring their lawyer unless the parent does so. An agreement resulting from a resolution session is legally binding and enforceable in court, but either party may void such an agreement within 3 business days. The federal regulations provide that if a parent does not participate in the resolution session the district may request that the HO dismiss the complaint.
IDEA, § 615 (f)(1)(B); 34 C.F.R. § 300.510.
IDEA, § 615(h)(2); 34 C.F.R. § 300.512(a)(2
IDEA, § 615(h)(1); 34 C.F.R. § 300.512(a)(1).
IDEA, § 615(h)(3); 34 C.F.R. § 300.512(a)(4)&(5) and 300.512(c)(1)-(3).
45 day Rule/ Deadline for Decision
The hearing officer’s decision is due within 45 days after the conclusion of the 30 day resolution period, subject to various possible adjustments and extensions if granted by the hearing officer.
34 C.F.R. § 300.511(e) and (f).