• Does the child have the characteristics of a disability or specific disability?
• How is the child currently performing in school?
• What are the child’s educational needs?
• Does the child need special education and related services?
• What additions or modifications, if any, are needed to enable the child to meet
• annual goals in the Individualized Education Program (IEP) and participate, as
• appropriate, in the general curriculum?

• Has the characteristic of a specific disability as defined in the Michigan
• Administrative Rules for Special Education (MARSE) eligibility areas, and
• Needs special education and related services because of that disability.

• Autism Spectrum Disorder (ASD) R 340.1715
• Cognitive Impairment (CI) R 340.1705
• Deaf or Hard of Hearing (DHH) R 340.1707
• Deaf-Blindness (DB) R 340.1717
• Early Childhood Developmental Delay (ECDD) R 340.1711
• Emotional Impairment (EI) R 340.1706
• Other Health Impairment (OHI) R 340.1709a
• Physical Impairment (PI) R 340.1709
• Severe Multiple Impairment (SMI) R 340.1714
• Specific Learning Disability (SLD) R 340.1713
• Speech and Language Impairment (SLI) R 340.1710
• Traumatic Brain Injury (TBI) R 340.1716
• Visual Impairment (VI) R 340.1708

What is an IEP?  

An Individualized Education Program is a written plan for a student with a disability that identifies and explains the special education and related services the student will receive. The IEP is developed at a meeting that is scheduled at a mutually agreeable time. The written document is a record of the IEP team meeting and the district’s offer of a free appropriate public education (FAPE) to the student. The IEP is required to be reviewed and revised at least annually. 

What is included in the IEP?

The federal and state requirements include:

• The IEP team must consider the strengths of the student, the concerns of the parent, and the results of the most recent evaluation of the student.  
• A statement of the student’s present level of academic achievement and functional performance (PLAAFP).
• A statement of measurable annual goals and short-term objectives that address: o How to help the student be involved, and make progress in, the general curriculum (or appropriate activities, for preschool children) o How the student’s progress toward the annual goals will be measured, and o How the parents will be regularly informed of that progress
• A statement of how special education services, programs, and supplementary aids will be provided to the student, and any accommodations, modifications or other supports for the school personnel to provide to the student.
• The projected starting date for services as well as the duration, anticipated frequency, and location of where programs and services will be delivered.
• An explanation of the student’s least restrictive environment (LRE).
• A statement of any accommodations the student will need to take the state and/or district-wide assessments. If the IEP Team determines that a test is not appropriate for the student, a different assessment will be used.
• A statement of the course of study, transition goals, and appropriate transition services (to be in effect when a student turns 16 years old).

What if the parent disagrees with the IEP?

A parent has the right to request another IEP team meeting if a parent disagrees with an IEP. The parent should contact the student’s special education teacher or provider, or the district special education administrator.  Some changes to a current IEP may be made using an IEP Amendment, if the parent and district agree. Minor changes may include, but are not limited to:

• Adding, modifying, or deleting instructional goals and objectives
• Modifying the amount of time in the current program
• Adding, modifying or deleting related services or provisions related to supplementing aids/services assessment, or transportation. 

What is a free appropriate public education (FAPE)?

A free appropriate public education ensures that the specially designed instruction and related services are provided at public expense, under public supervision and direction, and without charge to the family. The services provided must meet the standards of the Department of Education for all students and be designed to meet the student’s IEP goals and short-term objectives. 

What is the least restrictive environment (LRE)?

The least restrictive environment is a continuum of general and special education settings in which the student receives specially designed instruction. The law presumes that students with disabilities are most appropriately educated with their same-aged, nondisabled peers in the general education setting. Districts must ensure, to the maximum extent appropriate, that children with disabilities are educated with children who are nondisabled, and attending special classes or separate schools, or removing students with disabilities from the general education classroom occurs only when the nature or severity of the disability prevents the student from achieving satisfactory progress even when supplementary aids and services are used. 

How does a parent participate in the decision-making process?  

Parents are encouraged to be meaningfully involved by providing input about their child in a variety of ways:

• Parents are equal members in decision-making meetings such as meetings that determine the identification, evaluation, educational placement, reporting of progress toward goals, Review of Existing Educational Data (REED), and the appropriate education of the student.
• Parents give consent for initial evaluations, initial placements, and reevaluations. 

Can the student be involved in his/her own IEP meeting?  

Students often provide valuable insights regarding their own strengths and needs. When they are involved in determining their own goals and objectives, they are more committed to achieving them. When appropriate, each student has the option to be a part of the IEP Team process. Students can participate in their own annual transition planning by age 16, or younger as appropriate. Students who are age 17 are notified that their rights will be transferred to them upon reaching the age of majority (18). At age 18 both the student and parents are notified that the rights are transferred to the student, unless other legal decisions have been made. 

What transportation services are provided to students with IEPs?  

The same transportation services available to general education students are available to students with IEPs. In addition, specialized transportation services are provided by school districts if the IEP team determines that the student needs those services to receive a FAPE. The school district’s responsibilities related to transportation include furnishing any specialized services documented on a student’s IEP (such as a lift bus or safety harness) and following appropriate safety, medical, and traffic rules and procedures.

It is important for parents/guardians to read transportation policies and procedures provided by their district or transportation office and to discuss those policies with your child. Besides reinforcing safety rules, it is the responsibility of parents to assist their child to the bus if he/she cannot travel independently between the residence and the bus due to physical problems, immature development, or inaccessibility of the residence. Teamwork, communication, and cooperation between parents and schools are important in achieving safe transportation of students. 

School-based Medicaid

Medically necessary services already provided by schools may be billed under the schoolbased Medicaid program. Enrollment by a school district for billing to Medicaid is not expected to result in any change in your child’s program or services elsewhere. Districts are responsible for obtaining parent consent prior to initiating billing the Medicaid schoolbased program. Providing this consent will not affect existing family insurance programs.  

What are Procedural Safeguards?

Procedural safeguards are legal safeguards that protect the rights of students with disabilities and their parents. They provide the information that parents need to know to make informed decisions about their child’s education. They also explain the procedures used to resolve disagreements between parties. The Procedural Safeguards Notice, beginning on page 11 in this book, are derived from state rules and federal regulations. Sometimes they are difficult to understand. If you have any questions regarding them, please contact Oakland Schools, your local school district, or other sources listed in this handbook. 

What if I have a concern about my child’s special education needs or services?  

For most students and families, standard home-school communication methods (such as progress reports, daily logs, e-mail, phone calls, IEP meetings, and conferences) provide ample and effective opportunity to address concerns that may arise. In some instances, however, other strategies may be necessary. You may choose to contact your special education teachers or providers in writing or by email if you believe your child needs different or additional services and supports. A parent can, at any time, request an IEP meeting using a dated letter or email. In this instance, send an additional copy of your request to someone else on your IEP team or in your district. Explain in detail the purpose for convening the IEP meeting. There is no requirement to wait for the scheduled annual review.  

If you still have a concern or need to bring additional attention to your concern, contacting the special education administrator or building principal in your district by phone, email, or dated written correspondence can be effective. You may also choose to contact Oakland Schools (the Intermediate School District for Oakland County) for guidance or assistance. Services from Oakland Schools are free and can be very helpful. Contact information for Oakland School’s staff is located on the Oakland Schools website.  

For the occasion when a more prescribed means of addressing a concern might be needed, there are options for families. You may choose to request a facilitated IEP team meeting, a local resolution process, or mediation using a dated request form, email or phone call. The trained facilitators are neutral and this service is free to families, and a signed mediation agreement is enforceable in court. A Special Education Mediation Services request can be made at www.mikids1st.org or by calling 833-kids-1st. 

What is Informal Dispute Resolution?  

Informal Dispute Resolution refers to a number of collaborative methods for resolving special education concerns or formal complaints. These methods enable those with concerns to seek solutions through direct discussion and written correspondence. Learning collaborative communication skills and dispute resolution techniques will help parents, educators, and service providers become more effective in planning and decision making. Neutral individuals who facilitate communication and problem solving may be called on to support discussions, while allowing the parties to make their own decisions. 

Examples of informal dispute resolution include, but are not limited to:

An IEP team meeting

Parents or the public agency may request a meeting at any time to address issues of concern. Contact your child’s caseload teacher in writing to schedule an IEPT meeting.

• The dated written request should include details of the concern, the needs of your child that you hope to address at the meeting and may suggest possible outcomes.
• Parents or the public agency do not need to wait for the annual review to address a concern.
• Parents may bring someone that is knowledgeable about special education to the IEPT meeting for support.
• Parents may provide documentation from outside sources such as medical information or reports from previous service providers for support. 

Local Resolution

Parents and district staff may resolve issues directly with each other. They do not have to agree on what happened or why, but may agree on steps to address the concern.

• If an action plan is developed, this agreement must be documented in writing and signed by the participants. 
• The agreement could be written in a letter format or in a new IEP.
• Local resolution is not a required step before initiating mediation. 

Mediation

Mediation is a voluntary process in which both parties must mutually agree to participate. During mediation, a trained, neutral mediator assists the parent(s) and district to discuss the issues, generate options, and negotiate resolution.

• Mediation is free of charge, it is confidential and it is voluntary.
• Mediation frequently occurs within one month of the mediation request.
• The mediator has no authority to impose an outcome.
• Mediation may result in a written agreement signed by both parties. This agreement is enforceable in court.
• For more information, you may contact the Special Education Mediation Services of Michigan by calling 833-543-7178 or use their website: www.mikids1st.org
• Both parties may choose to allow the OMC to assign a mediator to the case or mutually agree to choose someone from the qualified mediator roster.
• Parents may bring someone that is knowledgeable about special education to the Mediation meeting for support.
• Parents may provide documentation from outside sources such as medical information or reports from previous service providers for support. 

What are more formal ways to resolve disputes or make a complaint?  

Dispute resolution is available whenever a disagreement arises with respect to special education. It includes, but is not limited to mediation, state complaint, due process hearing, and as part of the due process procedures, a resolution session. For more information on dispute resolution and state or due process complaints, see the Michigan Department of Education (MDE) Office of Special Education (OSE) Special Education Problem Solving Process document (found on their website).  

There are separate procedures for state complaints and for due process hearings. Any individual or organization may file a state complaint alleging a violation of the requirements of IDEA by a school district, the MDE, or any other public agency. The MDE must resolve a State complaint within a 60-calendar-day timeline, unless the timeline is properly extended. An Administrative Law Judge (ALJ) must hear a due process complaint (if not resolved through a resolution meeting or through mediation) and issue a written decision within 45-calendar days after the end of the resolution period (described on page 24 of the MDE Procedural Safeguards Notice).The State complaint and due process complaint, resolution and hearing procedures are described more fully on the MDE webpage: https://www.michigan.gov/mde/0,4615,7-140-6598_88185---,00.html  

Mediation – General, 34 CFR §300.506  

The MDE has established procedures to make mediation available to allow you and the school district to resolve disagreements involving any matter under Part B or Part C of the IDEA, including matters arising prior to the filing of a state complaint or a due process complaint. Thus, mediation is available to resolve disputes under Part B or Part C of the IDEA, whether or not you have filed a due process complaint to request a due process hearing as described under the heading, Filing a Due Process Complaint. 

Requirements  

The procedures ensure that the mediation process:  

1. Is voluntary on your part and the school district’s part;  
2. Is not used to deny or delay your right to a due process hearing, or to deny any other rights you have under Part B or Part C of the IDEA; and  
3. Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. 

Requirements  The procedures ensure that the mediation process:  

1. Is voluntary on your part and the school district’s part;  
2. Is not used to deny or delay your right to a due process hearing, or to deny any other rights you have under Part B or Part C of the IDEA; and  
3. Is conducted by a qualified and impartial mediator who is trained in effective mediation techniques. 

The MDE must maintain a list of people who are qualified mediators and know the laws and regulations relating to the provision of special education and related services. The MDE must select mediators on a random, rotational, or other impartial basis.  The State is responsible for the cost of the mediation process, including the costs of meetings. These services are provided by Special Education Mediation Services (http://MiKids1st.org).

Each meeting in the mediation process must be scheduled in a timely manner and held at a place that is convenient for you and the school district. If you and the school district resolve a dispute through the mediation process, both parties must enter into a legally binding agreement that sets forth the resolution and that:  

1. States that all discussions that happened during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and  
2. Is signed by both you and a representative of the school district who has the authority to bind the school district. 

A written, signed mediation agreement is enforceable in any State court of competent jurisdiction (a court that has the authority under State law to hear this type of case) or in a district court of the United States.  

Discussions that happened during the mediation process must be confidential. They cannot be used as evidence in any future due process hearing or civil proceeding of any federal court or state court of a state receiving assistance under Part B or Part C of the IDEA. 

Impartiality of mediator  

The mediator:  

1. May not be an employee of the MDE or the school district that is involved in the education or care of your child; and  
2. Must not have a personal or professional interest which conflicts with the mediator’s objectivity.  

A person who otherwise qualifies as a mediator is not an employee of a school district or State agency solely because he or she is paid by the agency or school district to serve as a mediator.

Difference Between Due Process Hearing Complaint and State Complaint Procedures  

The regulations for Part B of IDEA set forth separate procedures for State complaints and for due process complaints and hearings. As explained below, any individual or organization may file a State complaint alleging a violation of any Part B or Part C requirement by a school district, the MDE, or any other public agency. Only you or a school district may file a due process complaint on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation or educational placement of a child with a disability, or the provision of a FAPE to the child. While staff of the MDE generally must resolve a State complaint within a 60-calendar-day timeline, unless the timeline is properly extended, an ALJ must hear a due process complaint (if not resolved through a resolution meeting or through mediation) and issue a written decision within 45-calendar days after the end of the resolution period, as described in this document under the heading, Resolution Process, unless the ALJ grants a specific extension of the timeline at your request or the school district's request. The State complaint and due process complaint, resolution and hearing procedures are described more fully below. 

Adoption of State Complaint Procedures, 34 CFR §300.151  

The MDE must have written procedures (see Michigan Administrative Rules for Special Education, Rule 340.1701a, 340.1851-1853) for:  

1. Resolving any State complaint, including a complaint filed by an organization or individual from another State;  
2. The filing of a complaint.  
3. Widely disseminating the State complaint procedures to parents and other interested individuals, including parent training and information centers, protection and advocacy agencies, independent living centers, and other appropriate entities.  

Remedies for denial of appropriate services  

In resolving a State complaint in which the MDE has found a failure to provide appropriate services, the MDE must address:  

1. The failure to provide appropriate services, including corrective action appropriate to address the needs of the child; and  
2. Appropriate future provision of services for all children with disabilities. 

Minimum State Complaint Procedures, 34 CFR §300.152  

Time limit; minimum procedures  The MDE, through the Office of Special Education (OSE), will include in its State complaint procedures a time limit of 60 calendar days after a complaint is filed to:  

1. Carry out an independent on-site investigation, if the MDE determines that an investigation is necessary;  
2. Give the complainant the opportunity to submit additional information, either orally or in writing, about the allegations in the complaint;  
3. Provide the school district or other public agency with the opportunity to respond to the complaint, including, at a minimum: (a) at the option of the agency, a proposal to resolve the complaint; and (b) an opportunity for a parent who has filed a complaint and the agency to agree voluntarily to engage in mediation;  
4. Review all relevant information and make an independent determination as to whether the school district or other public agency is violating a requirement of Part B of the IDEA; and  
5. Issue a written decision to the complainant that addresses each allegation in the complaint and contains: (a) findings of fact and conclusions; and (b) the reasons for the MDE’s final decision.  

Time extension; final decision; implementation  

The MDE’s procedures described above also must:  

1. Permit an extension of the 60-calendar day time limit only if:  
   1. exceptional circumstances exist with respect to a particular State complaint; or
   2. the parent and the school district or other public agency involved voluntarily agree to extend the time to resolve the matter through mediation.  
2. Include procedures for effective implementation of the MDE’s final decision, if needed, including:  
   1. technical assistance activities;  
   2. negotiations; and  
   3. corrective actions to achieve compliance.  

State complaints and due process hearings  

If a written State complaint is received that is also the subject of a due process hearing as described below under the heading, Filing a Due Process Complaint, or the State complaint contains multiple issues of which one or more are part of such a hearing, the State must set aside the State complaint, or any part of the State complaint that is being addressed in the due process hearing until the hearing is over. Any issue in the State complaint that is not a part of the due process hearing must be resolved using the time limit and procedures described above. 

If an issue raised in a State complaint has previously been decided in a due process hearing involving the same parties (you and the school district), then the due process hearing decision is binding on that issue and the MDE must inform the complainant that the decision is binding.  

A complaint alleging a school district’s or other public agency’s failure to implement a due process hearing decision must be resolved by the MDE. 

Filing a State Complaint, 34 CFR §300.153  

An organization or individual may file a signed written State complaint under the procedures described above. The State complaint must include:  

1. A statement that a school district or other public agency has violated:  
   1. Any current provision of the administrative rules for special education;  
   2. 1976 PA 451, MCL 380.1 et seq., as it pertains to special education programs and services;  c
   3. The individuals with disabilities education act of 2004, 20 U.S.C., chapter 33, §1400 et seq., and the regulations implementing the act, 34 C.F.R. part 300, and 34 C.F.R. part 303;The facts on which the statement is based;  
   4. An intermediate school district plan;  
   5. An individualized education program team report, hearing office decision, or court decision regarding special education programs or services; or  
   6. The state application for federal funds under the IDEA.  
2. The signature and contact information for the complainant; and  
3. If alleging violations regarding a specific child:  a. The name of the child and address of the residence of the child;  b. The name of the school the child is attending;  c. In the case of a homeless child or youth, available contact information for the child, and the name of the school the child is attending;  d. A description of the nature of the problem of the child, including facts relating to the problem; and  e. A proposed resolution of the problem to the extent known and available to the party filing the complaint at the time the complaint is filed.  

The complaint must allege a violation that occurred not more than one year prior to the date that the complaint is received by the MDE or the ISD.  

The party filing the State complaint must forward a copy of the complaint to the school district or other public agency serving the child at the same time the party files the complaint with the OSE.  

The MDE has developed a model form to aid in the filing of a State complaint. The model form is available on the OSE website (www.michigan.gov/specialeducation). You are not required to use the model form. However, the complaint must contain the required information for filing a State complaint (See 1-4 above). 

Filing a Due Process Complaint, 34 CFR §300.507  

You or the school district may file a due process complaint on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation or educational placement of your child, or the provision of a FAPE to your child. The due process complaint must allege a violation that happened not more than two years before you or the school district knew or should have known about the alleged action that forms the basis of the due process complaint.  

The above timeline does not apply to you if you could not file a due process complaint within the timeline because: 

1. The school district specifically misrepresented that it had resolved the issues identified in the complaint; or  
2. The school district withheld information from you that it was required to provide you under Part B or Part C of the IDEA.  

Information for parents  

The school district must inform you of free or low-cost legal and other relevant services available in the area if you request the information, or if you or the school district file a due process complaint.  

Due Process Complaint, 34 CFR §300.508  

In order to request a hearing, you or the school district (or your attorney or the school district’s attorney) must file a due process complaint with the MDE, and provide a copy to the other party. The complaint must contain all of the content listed below and must be kept confidential. 

Content of the complaint  

The due process complaint must include:  

1. The name of the child;  
2. The address of the child’s residence;  
3. The name of the child’s school; 
4. If the child is a homeless child or youth, the child’s contact information and the name of the child’s school;  
5. A description of the nature of the problem of the child relating to the proposed or refused action, including facts relating to the problem; and  
6. A proposed resolution of the problem to the extent known and available to you or the school district at the time.  

Notice required before a hearing on a due process complaint  

You or the school district may not have a due process hearing until you or the school district (or your attorney or the school district’s attorney), properly files a due process complaint that includes the information listed above. A due process complaint is properly filed when it has been received by the MDE and the other party.  

Sufficiency of complaint  

In order for a due process complaint to go forward, it must be considered sufficient. The due process complaint will be considered sufficient (to have met the content requirements above) unless the party receiving the due process complaint (you or the school district) notifies the ALJ and the other party in writing, within 15 calendar days of receiving the complaint, that the receiving party believes that the due process complaint does not meet the requirements listed above.  

Within five calendar days of receiving the notification the receiving party (you or the school district) considers a due process complaint insufficient, the ALJ must decide if the due process complaint meets the requirements listed above, and notify you and the school district in writing immediately.  

Complaint amendment  

You or the school district may make changes to the complaint only if: 

1. The other party approves of the changes in writing and is given the chance to resolve the due process complaint through a resolution meeting, described below; or  
2. The ALJ grants permission for the changes, not later than five days before the due process hearing begins. 

If the complaining party (you or the school district) makes changes to the due process complaint, the timelines for the resolution meeting (within 15 calendar days of receiving the complaint) and the time period for resolution (within 30 calendar days of receiving the complaint) start again on the date the amended complaint is filed. 

School district response to a due process complaint  

If the school district has not sent a prior written notice to you, as described under the heading, Prior Written Notice, regarding the subject matter contained in your due process complaint, the school district must, within 10 calendar days of receiving the due process complaint, send to you a response that includes:  

1. An explanation of why the school district proposed or refused to take the action raised in the due process complaint;  
2. A description of other options that your child’s IEP Team considered and the reasons why those options were rejected;  
3. A description of each evaluation procedure, assessment, record, or report the school district used as the basis for the proposed or refused action; and  
4. A description of the other factors that are relevant to the school district’s proposed or refused action. 

Providing the information in items 1-4 above does not prevent the school district from asserting that your due process complaint was insufficient.  

Other party response to a due process complaint  

Except as stated under the sub-heading immediately above, the party receiving a due process complaint must, within 10 calendar days of receiving the complaint, send the other party a response that specifically addresses the issues in the complaint.  

Model Forms, 34 CFR §300.509  

The MDE has developed a model form to help you file a due process complaint. You are not required to use the MDE model form. However, the due process complaint must contain the required information for filing a due process complaint. The model form is available on the OSE website (www.michigan.gov/specialeducation).  (Note: Use of the model form does not guarantee that an ALJ would find the complaint sufficient if the other party objects to the sufficiency of the complaint.)  

The Child’s Placement While the Due Process Complaint and Hearing are Pending, 34 CFR §300.518

Except as provided below under the heading, Procedures When Disciplining Children with Disabilities, once a due process complaint is filed with the MDE and received by the other party, your child must remain in his or her current educational placement during the resolution process time period, and while waiting for the decision of any impartial due process hearing or court proceeding, unless you and the State or school district agree otherwise. 

If the due process complaint involves an application for initial admission to public school, your child, with your consent, must be placed in the regular public school program until the completion of all such proceedings.  

If the due process complaint involves an application for initial services under Part B of the IDEA for a child who is transitioning from being served under Part C of the IDEA to Part B of the IDEA and who is no longer eligible for Part C services because the child has turned three, the school district is not required to provide the Part C services that the child has been receiving. If the child is found eligible under Part B of the IDEA and you consent for the child to receive special education and related services for the first time, then, pending the outcome of the proceedings, the school district must provide those special education and related services that are not in dispute (those which you and the school district both agree upon). 

Resolution meeting, 34 CFR §300.510  

The school district must convene a resolution meeting with you and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in your due process complaint. The resolution meeting must be convened within 15 calendar days after the due process complaint is filed with the MDE, and received by the school district.  

The due process hearing cannot begin until the resolution meeting is conducted. The meeting:  

1. Must include a representative of the school district who has decision-making authority on behalf of the school district; and  
2. May not include an attorney of the school district unless you are accompanied by an attorney.  

You and the school district determine the relevant members of the IEP Team to attend the meeting. The purpose of the meeting is for you to discuss your due process complaint, and the facts that form the basis of the complaint, so that the school district has the opportunity to resolve the dispute.  

The resolution meeting is not required if:  

1. You and the school district agree in writing to waive the meeting; or  
2. You and the school district agree to use the mediation process, as described under the heading, Mediation. 

Resolution period  

If the school district has not resolved the due process complaint to your satisfaction within 30 calendar days of the receipt of the due process complaint (during the time period for the resolution process), the due process hearing may occur. The 45-calendar-day timeline for issuing a final decision begins at the expiration of the 30-calendar-day resolution period, with certain exceptions for adjustments made to the 30-calendar-day resolution period, as described below.  

Except where you and the school district have both agreed to waive the resolution process or to use mediation, your failure to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until you do participate in a meeting. If after making reasonable efforts and documenting such efforts, the school district is not able to obtain your participation in the resolution meeting, the school district may, at the end of the 30-calendar-day resolution period, request that an ALJ dismiss your due process complaint. Documentation of such efforts must include a record of the school district’s attempts to arrange a mutually agreed upon time and place, such as: 

1. Detailed records of telephone calls made or attempted and the results of those calls;  
2. Copies of correspondence sent to you and any responses received; and  
3. Detailed records of visits made to your home or place of employment and the results of those visits. 

If the school district fails to hold the resolution meeting within 15 calendar days of receiving notice of your due process complaint, or fails to participate in the resolution meeting, you may ask an ALJ to order that the 45-calendar-day due process hearing timeline begin.  

Adjustments to the 30-calendar-day resolution period  

If you and the school district agree in writing to waive the resolution meeting, the 45calendar-day timeline for the due process hearing starts the next day. After the start of mediation or the resolution meeting and before the end of the 30-calendar-day resolution period, if you and the school district agree in writing that no agreement is possible, the 45-calendar-day timeline for the due process hearing starts the next day.  

If you and the school district agree to use the mediation process, at the end of the 30calendar-day resolution period, both parties can agree in writing to continue the mediation until an agreement is reached. However, if either you or the school district later withdraws from the mediation process, the 45-calendar-day timeline for the due process hearing starts the next day. 

Written settlement agreement  

If a resolution to the dispute is reached at the resolution meeting, you and the school district must enter into a legally binding agreement that is:  

1. Signed by you and a representative of the school district who has the authority to bind the school district; and  
2. Enforceable in any state court of competent jurisdiction (a state court that has authority to hear this type of case) or in a district court of the United States.  

Agreement review period  

If you and the school district enter into an agreement as a result of a resolution meeting, either party (you or the school district) may void the agreement within 3 business days of the time that both you and the school district signed the agreement.