Transcript Resolution Sessions

RESOLUTION SESSIONS
Everything you wanted to know but were afraid to ask
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.
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.
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.
RESOLUTION SESSION TIMELINES
EXPEDITED DUE PROCESS
FOR
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.
RESOLUTION
1.
2.
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
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.
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 noncompliance by the Arizona Department of
Education/Exceptional Student Services.
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.
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 30day resolution period, the PEA may request that
the administrative law judge dismiss the parent’s
due process complaint.
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.
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?
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.
DUE PROCESS HEARING TIMELINE
1.
2.
3.
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
WHAT

Be prepared to schedule your resolution meeting as
soon as possible following receipt of the due
process complaint;


DO YOU NEED TO DO?
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.
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.

QUESTIONS
OR CONCERNS?
Kacey Gregson
ADE/ESS
Director of Dispute Resolution
[email protected]
or
Julie Albertson
ADE/ESS
Dispute Resolution Coordinator
[email protected]
Dispute Resolution: 602-542-3084