Learn about resolution meetings, a new conflict resolution process established under IDEA, 2004. This guide tells you the benefits and challenges of participating in these meetings. Find out how to prepare for the meeting and what to do afterwards.
With the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004), Congress recognized the need to provide additional opportunities for early dispute resolution. The resolution process was added as another way schools and parents can work out their differences whenever a parent has filed a due process complaint.
(Note: IDEA 2004 is silent regarding the confidentiality of resolution discussions. There is nothing in IDEA 2004 or the regulations that would prohibit the parties from entering into a confidentiality agreement as part of their resolution agreement. A state could not, however, require that the participants in a resolution meeting keep the discussions confidential or make a confidentiality agreement a condition of a parent’s participation in the resolution meeting.)
No. However, you most likely will be offered a chance to further discuss the concerns you raised in your due process complaint and how they might be addressed. The meeting is more likely to result in an agreement if you and the school staff listen carefully to each other.
IDEA 2004 does not address this issue. The following may be helpful tips for preparation, however.
There is no cost to parents. It is the school district’s responsibility to convene the resolution meeting. Unless your attorney is involved, the only cost for you is the time to prepare and participate.
Either you or the school district can withdraw from any agreement that is reached at the meeting within three business days of the agreement’s execution. If the district does not withdraw from the agreement during that period, it is legally required to follow through. The agreement can be enforced in court.
If you and the district do not come to resolution, you may proceed to a due process hearing. The 45-day timeline for the due process hearing starts the next day. An impartial hearing officer must issue a decision within 45 days after the beginning of the due process hearing. You and the district also may consider going to mediation instead of having a resolution meeting.
The parents and any IEP team members who have specific knowledge of the facts in the due process complaint and the LEA representative who has decision-making authority attend the resolution meeting. The parents and the school district decide who they would like to have participate. Attorneys from the school district may attend only if the parents bring their attorney to the meeting. It may be appropriate to have your child attend the meeting. An advocate from your local PTI or CPRC may be able to attend with you or help you with preparing for the resolution meeting.
There is no legal requirement to keep discussions in the resolution meeting confidential. A confidentiality agreement, however, could be considered for the parents and school district to sign at the beginning of the meeting. Also, see the note under the section “Concerns about the Resolution Meeting.”
Some states or LEAs provide facilitators for resolution meetings. This varies depending on where you live. Neither the law nor the final regulations require the use of facilitators.
States have developed a variety of strategies for early dispute resolution. These strategies may help improve communication and strengthen relationships between parents and schools. There are a range of informal conflict resolution and problem solving approaches. Generally, the most common are mediation and facilitated IEP meetings.
Mediation is an option that allows parties to resolve disputes without a formal due process hearing. It is voluntary for both parties and is not used to deny or delay the right to a hearing or any other rights under Part B of IDEA 2004. Mediations are scheduled at a time and location that is convenient for the parties and must be conducted by a qualified and impartial mediator who is trained in effective mediation practices.
A mediator helps the parent and the school district to express their views and positions and to understand each other’s views and positions. The mediator does not take sides. If an agreement is reached to resolve a dispute, the parties develop a written, signed mediation agreement that is enforceable in court. Mediation discussions are to be kept confidential and may not be used as evidence in any subsequent due process hearing. The state bears the cost of mediation.
A facilitated IEP is an IEP meeting that includes an impartial facilitator. The facilitator is not a member of the IEP team. The facilitator helps with communication and assists the team to develop an IEP. The facilitator keeps the team focused on the development of the IEP while addressing conflicts as they arise. Facilitation also may be used with Individualized Family Service Plans (IFSPs).
You are encouraged to learn more about resolution meetings, mediation and other forms of dispute resolution under IDEA 2004 by contacting your local PTI or CPRC.
(opens in a new window) for a listing of Parent Centers or call the Technical Assistance ALLIANCE for Parent Centers National Technical Assistance Center toll free at 888-248-0822.
Contact the Consortium for Appropriate Dispute Resolution in Special Education (CADRE) for online resources related to dispute prevention and resolution: www.directionservice.org/cadre
Visit the US Department of Education’s official IDEA Web site at IDEA.ed.gov
(opens in a new window) . Information on dispute resolution options can be found under “Procedural Safeguards”.