OAR 581-015-2355: Resolution Process

(1) Resolution meeting: (a) Within 15 days of receiving a parent’s due process hearing request, the school district must hold a resolution meeting with the parents and the relevant member or members of the IEP team who have specific knowledge of the facts identified in the complaint. (b) The meeting: (A) Must include a representative of the school district who has decision-making authority on behalf of the school district; and (B) May not include an attorney for the school district unless the parent is accompanied by an attorney. (c) The purpose of the meeting is for the parent of the child to discuss the hearing request, and the facts that form the basis of that request, so that the school district has the opportunity to resolve the dispute that is the basis for the due process hearing request. (d) This resolution meeting need not be held if: (A) The parent and school district agree in writing to waive the meeting; or (B) The parent and school district agree to use the mediation process. (e) The parent and the school district determine the relevant members of the IEP team to attend the meeting. (2) Resolution period: (a) If the school district has not resolved the dispute to the satisfaction of the parents within 30 days of the receipt of the due process hearing request, the due process hearing may occur. (b) The 45 day hearing timeline begins at the end of the 30 day resolution period except as provided in subsection (2)(c). (c)The 45 day hearing timeline begins the next business day after any of the following circumstances. (A) The parties agree in writing to waive the resolution session. (B) After the mediation or resolution meeting starts but before the end of the 30 day resolution period, the parties agree in writing that no agreement is possible. (C) Both parties agree in writing to continue the mediation at the end of the 30 day resolution period, but later, the parent or school district withdraws from the mediation process. (d) The failure of a parent requesting a due process hearing to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held, unless: (A) The parties have agreed to waive the resolution session; or (B) The parties have agreed to use mediation instead of the resolution meeting. (e) If the school district is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented (as in OAR 581-015-2195), the school district may, at the conclusion of the 30 day resolution period, request that a hearing officer or administrative law judge dismiss the parent’s due process hearing request. (f) If the school district fails to hold the resolution meeting within 15 days of receiving the parent’s due process hearing request or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer or administrative law judge to begin the 45 day hearing timeline. (3) Resolution agreement: (a) If a resolution to the dispute is reached at the resolution meeting, the parties must execute a legally binding written agreement that is: (A) Signed by both the parent and a representative of the school district who has the authority to bind the district; and (B) Enforceable in any state court of competent jurisdiction or in a district court of the United States. (b) If the parties execute a resolution agreement, either party may void the agreement within three business days of the agreement’s execution.