Section 4.52.555. Resolution meeting.

	(a)  The resolution meeting required under 4 AAC 52.550(f) must provide the   
		(1) parent the opportunity to discuss the issues raised in the due process complaint for a due process hearing with the IEP team; and   
		(2) district the opportunity to resolve the problems that are the basis for the complaint.   
	(b)  A resolution meeting convened by a district under 4 AAC 52.550 must include the relevant members of the IEP team who have knowledge of the facts identified in the due process complaint, as determined by the parent and the district. The meeting must include a representative of the district who has authority to make legally binding decisions on behalf of the district. The meeting may not include an attorney of the district unless the parent is accompanied by an attorney. The district must make reasonable efforts to obtain the participation of a complainant in a resolution meeting and document the efforts using the procedures in 34 C.F.R. 300.322(d).   
	(c)  Unless the complainant and the district have agreed jointly in writing to waive the resolution process or to use mediation, a parent's failure to participate in a resolution meeting will result in a delay of the due process hearing until the resolution meeting is held. If a district is unable to obtain the participation of a parent in a resolution meeting, the district may, after thirty days, request a hearing officer to dismiss the parent's complaint for a due process hearing.  
	(d)  The complainant may ask the hearing officer to begin the due process hearing timeline if the district fails to participate in the resolution meeting or fails to hold the resolution meeting specified in this section within 15 days of receiving notice of a complainant's complaint for a due process hearing, or within seven days of receiving notice of a complainant's complaint for an expedited due process hearing in 4 AAC 52.550(l).   
	(e)  If a resolution of a complaint for a due process hearing in 4 AAC 52.550 is reached as a result of a resolution meeting held in conformance with this section, the complainant and the district must execute a legally binding agreement that is signed by the complainant and a representative of the district who has the authority to bind the district. The agreement is enforceable as set out in 34 C.F.R 300.510(d), as revised as of October 13, 2006, and adopted by reference.   
	(f)  By written statement the complainant or district may void an agreement made under (e) of this section within three school days of the agreement's execution.  

Authorities

14.07.060;14.30.193;14.30.335

Notes

Reference

4 AAC 52.550

Authority

AS 14.07.060 AS 14.30.193 AS 14.30.335

History

Eff. 9/23/2007, Register 183