D.C. Mun. Regs. tit. 5, r. 5-A3052

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 5-A3052 - RESOLUTION MEETINGS

3052.1

No later than fifteen (15) calendar days after receiving notice of the parent's due process complaint, and prior to the initiation of a due process hearing, the LEA shall convene a resolution meeting with the parent and the relevant members of the IEP Team who have specific knowledge of the facts identified in the due process complaint. The resolution meeting shall meet all of the following standards:

(a) The parent and the LEA shall determine the relevant members of the IEP Team to attend the resolution meeting;

(b) The meeting shall include a LEA representative who has decision-making authority on behalf of the LEA;

(c) The meeting may not include an attorney of the LEA unless the parent is accompanied by an attorney; and

(d) The purpose of the meeting shall be 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 an opportunity to resolve the due process complaint.

3052.2

The LEA shall not be required to convene a resolution meeting if the parent and the LEA agree in writing to waive the meeting or agree to use the mediation process described in Section 3047.

3052.3

If the LEA fails to hold the resolution meeting specified in this section within fifteen (15) calendar days after receiving notice of the parent's due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of an impartial hearing officer to begin the due process hearing timeline.

3052.4

Except where the LEA and the parent have jointly agreed to waive the resolution process or to use mediation, when the parent who has filed a due process complaint fails to participate in the resolution meeting, the LEA may request that an impartial hearing officer order a continuance to delay the timelines for the resolution process and due process hearing until the meeting is held, as follows:

(a) Any such request shall include evidence of the LEA's reasonable efforts, as defined in this chapter, to convene a resolution meeting with the parent;

(b) The LEA's reasonable efforts shall be documented using the procedures in this chapter; and

(c) The parent shall have an opportunity to respond to the request and related evidence prior to the impartial hearing officer rules on the request.

3052.5

If the LEA is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts, as defined in this chapter, have been made and documented, the LEA may, at the conclusion of the thirty (30) calendar-day resolution period, request that an impartial hearing officer dismiss the parent's due process complaint, as follows:

(a) Any such request shall include evidence of the LEA's reasonable efforts to convene a resolution meeting with the parent;

(b) The LEA's reasonable efforts shall be documented using the procedures in this chapter; and

(c) The parent shall have an opportunity to respond to the request and related evidence prior to the hearing officer rules on the request.

3052.6

If a resolution to the dispute is reached at the meeting described in this section, the parent and the LEA shall execute a legally binding agreement that is signed by both the parent and a representative of the LEA who has the authority to bind the LEA, and contains a provision stating that it shall be enforceable in any state court of competent jurisdiction or in a District Court of the United States.

3052.7

If the LEA and the parent execute an agreement pursuant to this section, either party may void such agreement as follows:

(a) The agreement may be voided within three (3) business days after the agreement's execution; and

(b) The party who voids the agreement shall provide written notice to all other parties to the agreement.

D.C. Mun. Regs. tit. 5, r. 5-A3052

Final Rulemaking published at 69 DCR 5902 7/1/2022