| Have you tried to resolve your disagreements with | | | | allows special education personnel to get out of an |
| special education personnel to no avail? Have you filed | | | | agreed upon settlement. You can also void the |
| for a special education due process for your child with | | | | settlement agreement, if you change your mind. |
| autism or a learning disability? Would you like to try and | | | | To increase your chances of making an agreement |
| come to an agreement before the due process | | | | bring very little documentation with you. Bring a pad |
| hearing? This article will discuss a new resolution | | | | and paper, copies of IDEA 2004, and your state |
| process that was added, when IDEA was | | | | special education regulations, and just a little |
| reauthorized in 2004. You can use this process to try | | | | documentation. If you have an Independent Evaluation |
| and resolve your special education disputes before the | | | | you can bring that with you, also copies of your child's |
| due process hearing. | | | | district and state wide testing if it helps your case. By |
| A resolution meeting must be held within 15 calendar | | | | only bringing minimal documentation, it prevents the |
| days, of the school district receiving notice, of a due | | | | school district from getting a preview of your case. |
| process complaint. The resolution meeting is | | | | If you choose to bring an advocate, make sure that |
| mandatory for you. Both parties, the school district and | | | | they are experienced in the resolution meeting, and |
| the parent can agree in writing to waive the resolution | | | | also have a working knowledge of the Individuals with |
| session, or to agree to go to mediation. | | | | Disabilities Education Act (IDEA). Also bring a typed list |
| There are pros and cons to the resolution meeting. | | | | of what you are willing to agree to, and what you are |
| Pro's are: A. It is an additional opportunity to talk the | | | | not willing to agree to. A lot of settlement agreements |
| issues over. B. It is less adversarial than a due process | | | | do not contain compensatory services, because most |
| hearing. C. The school district can only have their | | | | school districts do not offer them in settlement |
| attorney attend, if you bring an attorney. D. An | | | | agreements. It is up to you about whether you are |
| advocate may go with you to the resolution session. E. | | | | willing to give up compensatory services, for other |
| The school district must send a person who has | | | | items that you want. |
| decision making power. F. The meeting may result in | | | | If you and special education personnel come to an |
| an agreement that is legally binding. G. The resolution | | | | agreement, it may be enforced in state or federal |
| may be voided within 3 business days of the | | | | court. The reason is, that IDEA 2004 has added |
| agreement being made. This may make school | | | | Legally Binding Settlement Agreements. Before IDEA |
| personnel more willing to try and reach an agreement | | | | 2004, mediation agreements could not be enforced in |
| with you. | | | | court. |
| The Cons of the resolution meeting are: A. The district | | | | If you and the school district cannot come to an |
| may try and use the resolution meeting to see what | | | | agreement the due process will continue according to |
| your evidence is. B. No guarantee that a written | | | | the IDEA 2004 timelines. |
| agreement will be reached. C. Sometimes things are | | | | It is worth your time, to try and come to a resolution |
| so adversarial, that another chance to meet in the | | | | before due process. Due process is a tedious, gut |
| same room is not really helpful. D. No third party | | | | wrenching, adversarial way to resolve disputes. Give |
| making a decision about who has the stronger | | | | the resolution meeting a try to resolve special |
| evidence. E. The agreement may be voided within 5 | | | | education disputes. |
| business days. This one is a pro and con because it | | | | |