Section 5-E3030. RESOLUTION MEETING, DUE PROCESS HEARING, AND FINAL DECISION PROCEDURE

 

3030.1Resolution Meeting.  Within fifteen (15) days after receiving notice of a parent’s due process complaint, and prior to the initiation of a due process hearing, the local education agency (LEA) shall convene a resolution meeting with the parent and the relevant member(s) of the Individualized Education Program (IEP) team who have specific knowledge of the facts identified in the due process complaint.  The LEA shall not be required to convene a resolution meeting if the parent and the LEA agree in writing to waive the meeting or agree to use the mediation process described in section 3028.  The resolution meeting shall meet the following standards:

 

(a) The meeting shall include a representative of the LEA who has decision making authority on behalf of the LEA;

 

(b)The meeting may not include an attorney of the LEA unless the parent is accompanied by an attorney; and

 

(c) The purpose of the meeting shall be for the parent of the child to discuss the due process complaint and the facts that form the basis of the due process complaint, so that the LEA has an opportunity to resolve the dispute that forms the basis of the due process complaint.

 

3030.2Relevant Team Members. The parent and the LEA shall determine the relevant members of the IEP team to attend the resolution meeting.

 

3030.3Resolution Period.  If the LEA has not resolved the due process complaint to the satisfaction of the parent within thirty (30) days after the receipt of the due process complaint, the due process hearing may occur.

 

3030.4Except as provided in section 3030.8, the timeline for issuing a final decision under section 3030.11 shall begin at the expiration of the thirty (30) day period identified in section 3030.3.

 

3030.5 Except where the LEA and the parent have jointly agreed to waive the resolution process or to use mediation, when a parent who has filed a due process complaint fails to participate in the resolution meeting, the LEA may request that a hearing officer order a continuance to delay the timelines for the resolution process and due process hearing until the meeting is held.  Any such request shall include evidence of the LEA’s reasonable measures to convene a resolution meeting with the parent.  The reasonable measures shall be documented using the procedures in section 3026.4.  A parent shall have an opportunity to respond to the request and related evidence prior to the hearing officer ruling on the request. 

 

 

3030.6If the LEA is unable to obtain the participation of the parent in the resolution meeting after reasonable measures have been made and documented using the procedures in section 3026.4, the LEA may, at the conclusion of the thirty (30) day period, request that a hearing officer dismiss the parent’s due process complaint. Any such request shall include evidence of the LEA’s reasonable measures to convene a resolution meeting with the parent.   The reasonable measures shall be documented using the procedures in section 3026.4.  A parent shall have an opportunity to respond to the request and related evidence prior to the hearing officer ruling on the request. 

 

3030.7 If the LEA fails to hold the resolution meeting specified in section

3030.1 within fifteen (15) days after receiving notice of a parent’s due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline.

 

3030.8 Adjustments to Thirty (30) Day Resolution Period.  The forty-five (45) day timeline for the due process hearing in section 3030.11 shall start on the day after any one (1) of the following events occurs:

 

(a) The LEA and the parent agree in writing to waive the resolution meeting;

 

(b) The mediation or resolution meeting starts but, before the end of the thirty (30) day period, the LEA and parent agree in writing that no agreement is possible; or

 

(c) The parent and the LEA agree in writing to continue the mediation at the end of the thirty (30) day resolution period, but the parent or LEA later withdraws from the mediation process.

 

3030.9Written Settlement Agreement.  If a resolution to the dispute is reached at the meeting described in section 3030.1, the parent and the LEA shall execute a legally binding agreement that:

 

(a)Is signed by both the parent and a representative of the LEA who has the authority to bind the LEA; and

 

(b) Contains a provision stating that it shall be enforceable in any state court of competent jurisdiction or in a District Court of the United States.

 

3030.10Agreement Review Period.  If the LEA and parent execute an agreement pursuant to section 3030.9, either party may void such agreement within three (3) business days after the agreement’s execution.  The party who voids the agreement shall provide written notice to all other parties to the agreement.

 

3030.11Due Process Hearing.  Not later than forty-five (45) days after the expiration of the thirty (30) day resolution period or any adjusted time period described in section 3030.8:

 

(a) A final decision shall be reached in the hearing; and

 

(b) A copy of the decision shall be:

(1)Mailed to each of the parties; or

 

(2)Transmitted electronically or by facsimile to each of the parties if all of the parties to the due process complaint consent to such electronic or facsimile transmission. 

 

3030.12Extension of timeline.  An impartial hearing officer may, for good cause shown, grant specific extensions of time beyond the periods set forth in section 3030.11 at the request of either party.

 

3030.13 Hearing Officer Determination (HOD).   The HOD shall be in writing.  The hearing officer shall include the following in the HOD:

 

(a) The identity of the parties;

 

(b) The identity of the student, which shall include the student’s name, student identification (ID) number, date of birth, and attending school;

 

(c) The case number;

 

(d) Findings of fact and conclusions of law, separately stated;

 

(e) The final determination;

 

(f) What must be done by each party, where applicable, to carry out the decision, including the establishment of timelines for each step or action, and by whom;

 

(g) Any appeal rights; and

 

(h) The hearing officer’s signature, which must be dated and which may be designated by electronic signature.

 

3030.14 Burden of Proof.  The burden of proof shall be the responsibility of the party seeking relief.  Based solely upon the evidence presented at the hearing, an impartial hearing officer shall determine whether the party seeking relief presented sufficient evidence to meet the burden of proof.

 

3030.15 Publication of HODs. After deleting personally identifiable information from hearing decisions, the Student Hearing Office of the District of Columbia shall transmit the findings and decisions to the State Education Agency Advisory Panel and make the findings and decisions available to the public.

 

authority

Section 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §38-2602(b)(11)) (2009 Supp.)

source

Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 50 DCR 8810 (October 17, 2003); as amended by Final Rulemaking published at 52 DCR 10558 (December 2, 2005); as amended by Final Rulemaking published at 53 DCR 5249 (June 30, 2006); as amended by Final Rulemaking published at 53 DCR 6097 (July 28, 2006); as amended by Final Rulemaking published at 57 DCR 980 (January 22, 2010).