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Resolution Sessions

Resolution Sessions. Everything you wanted to know but were afraid to ask. What is a resolution session? .

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Resolution Sessions

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  1. Resolution Sessions Everything you wanted to know but were afraid to ask

  2. What is a resolution session? As part of the mandatory resolution period built in to the due process system, a resolution session is a meeting that must occur after a parent has filed a due process hearing request and before the due process hearing timeline begins.

  3. What is a resolution Session? The resolution session provides the parents the opportunity to discuss their due process complaint and the facts that form the basis of the complaint, and the public education agency (PEA) is provided the opportunity to resolve the parents’ complaint.

  4. Resolution session timelines Within 15 days of receiving notice of a parent’s due process complaint, and prior to the initiation of a due process hearing, the PEA must convene a meeting with the parent and relevant members of the child’s individualized education program (IEP) team.

  5. Resolution session timelines for Expedited Due Process When a parent files a request for an expedited due process hearing, the PEA must hold a resolution session within 7 days of receiving notice of the due process complaint, and attempt to reach resolution within 15 days of receipt of the hearing request.

  6. Resolution session The resolution session must be convened unless: • The parent and the PEA agree in writing to waive the meeting; or • The parent and the PEA agree to use mediation to resolve the due process complaint

  7. Required Participants Resolution session participants include the parent and relevant members of the IEP team who have knowledge of the facts identified in the due process complaint, including a PEA representative who has decision-making authority. The parent and the PEA determine the relevant members of the IEP team. • The resolution session may not include the PEA’s attorney unless the parent is accompanied by an attorney.

  8. What happens if the PEA does not convene a resolution session? If a parent files the due process complaint and the PEA does not convene a resolution session within the 15 day timeline, the parent may ask the administrative law judge to begin the 45-day due process hearing timeline. • Failure to convene a resolution session within the 15-day timeline may also result in a finding of non-compliance by the Arizona Department of Education/Exceptional Student Services.

  9. What happens if the parent refuses to participate in a resolution session? The failure of the parent filing a due process complaint to participate in the resolution session will delay the timelines for the resolution process and due process hearing until the meeting is held. • Remember that the PEA must still convene the resolution session within 15 days even if the parent refuses to participate. • You must keep a record of your attempts to arrange a mutually agreed on time and place.

  10. What happens if the parent refuses to participate in a resolution session? If the parent files the due process complaint and refuses to participate in the resolution session, or does not come to the meeting as scheduled, and the PEA documents that it is unable to obtain the parent’s participation, at the conclusion of the 30-day resolution period, the PEA may request that the administrative law judge dismiss the parent’s due process complaint.

  11. Resolution Agreement If the issues in the due process complaint are resolved at the resolution session, the parties must develop a legally binding written agreement that is signed by both the parent and a PEA representative with authority to bind the agency. • The resolution agreement is enforceable in a state court of competent jurisdiction or in a district court of the United States. • Either party may void the agreement within three business days of its execution.

  12. Resolution Agreement When drafting the resolution agreement, consider the following questions: • Does the agreement clearly outline what each side is expected to do? • Does the agreement clearly outline who is responsible for carrying out each item? • Does the agreement clearly outline by when each item in the agreement must be completed? • Are the items clearly written in a way that the parent can reasonably understand? • Has the parent agreed to withdraw the due process complaint?

  13. What if the parties are unable to reach agreement? If, after a resolution session or mediation, the PEA has not resolved the due process complaint to the parent’s satisfaction within 30 days of receipt of the complaint, the due process hearing may occur.

  14. Due Process Hearing Timeline The 45-day due process hearing timeline begins at the end of the 30-day resolution period, or the day after one of the following events: • Both parties agree in writing to waive the resolution meeting; or • After either the mediation or the resolution session starts but before the end of the 30-day resolution period, the parties agree in writing that no agreement is possible; or • If both parties agree in writing to continue mediation at the end of the 30-day resolution period, but later, the parent or PEA withdraws from the mediation process. • If one of the above occurs, you must immediately notify the administrative law judge and the ADE/ESS

  15. What do you need to do? • Be prepared to schedule your resolution meeting as soon as possible following receipt of the due process complaint; • The resolution meeting must occur within 15 days of receiving the request unless waived in writing by both parties, or the parties agree to participate in mediation. • Ensure the appropriate people are available to participate in the meeting.

  16. What do you need to do? Be prepared to inform both ADE and your administrative law judge of the outcome of the resolution session • A “Resolution Session Tracking Form” will be included with your Notice of Hearing. • This form must be filled out and faxed or mailed to both ADE/ESS – Dispute Resolution AND your ALJ immediately following the resolution session.

  17. Questions or concerns? Kacey Gregson ADE/ESS Director of Dispute Resolution Kacey.Gregson@azed.gov or Julie Albertson ADE/ESS Dispute Resolution Coordinator Julie.Albertson@azed.gov Dispute Resolution: 602-542-3084

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