Section 511 IAC 7-45-6 - Resolution processAuthority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 6.
(a) Within fifteen (15) calendar days of receiving notice of the parent's due process hearing request, and prior to the initiation of a due process hearing, the public agency must convene a meeting with the parent and the relevant members of the CCC who have specific knowledge of the facts identified in the due process hearing request. The parent and the public agency each determine their respective members of the CCC to attend the meeting.(b) A public agency does not have to convene a resolution meeting if the due process hearing request was made by the public agency.(c) The purpose of the resolution meeting is for the parent to discuss the: (1) due process hearing request; and(2) facts that form the basis of the request; so that the public agency has the opportunity to resolve the dispute that is the basis of the request. Resolution meetings must be conducted according to this section.
(d) The resolution meeting need not be held if the parents and the public agency agree: (1) in writing to waive the meeting; or(2) to use the mediation process described in section 2 of this rule. Mediation does not extend the thirty (30) day resolution process timeline in subsection (f) unless the parties agree in writing to extend the process.
(e) The resolution meeting: (1) must include a representative of the public agency that has decision making authority on behalf of that agency; and(2) may not include an attorney of the public agency unless the parent is accompanied by an attorney.(f) If the public agency has not resolved the dispute that is the basis for the due process hearing request to the satisfaction of the parent within thirty (30) days of the receipt of the due process hearing request, the forty-five (45) day due process hearing timeline in section 7 of this rule will commence. The forty-five (45) day timeline also commences the day after each of the following events: (1) Both parties agree in writing to waive the resolution meeting.(2) After either the mediation or resolution meeting starts, but before the end of the thirty (30) day resolution period, the parties agree in writing that no agreement is possible.(3) Both parties agree in writing to continue the mediation at the end of thirty (30) day resolution period, but later the parent or the public agency withdraws from the mediation process.(g) Except as provided in subsection (f), the failure of the parent requesting a due process hearing to participate in the resolution meeting will delay the timelines for the: (1) resolution process; and(2) due process hearing; until the meeting is held.(h) The public agency must keep a record of its attempts to secure the participation of the parent in the resolution meeting, such as the following: (1) Detailed records of: (A) telephone calls made or attempted; and(B) the results of the calls.(2) Copies of: (A) correspondence sent to the parent; and(B) any responses received.(3) Detailed records of:(A) visits made to the parent's home or place of employment; and(B) the results of those visits.(i) If the public agency is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made and documented in accordance with subsection (h), the public agency may, at the conclusion of the thirty (30) day period in subsection (f), request that a hearing officer dismiss the parent's due process hearing request.(j) If the public agency fails to hold or participate in the resolution meeting specified in subsection (a) within fifteen (15) days of receiving notice of a parent's due process hearing request, the parent may seek the intervention of a hearing officer to begin the forty-five (45) calendar day due process hearing timeline.(k) If resolution to the dispute is reached at the resolution meeting, the parties must execute a legally binding agreement that is:(1) signed by both: (B) a representative of the agency who has the authority to bind the agency; and(2) enforceable in: (A) any state court of competent jurisdiction; or(B) a district court of the United States.(l) If the parties execute an agreement as a result of a resolution meeting held in accordance (l) [sic] with subsection (a), a party may void the agreement by notifying the other person in writing within three (3) business days of the agreement's execution.(m) In addition to the enforcement mechanisms in subsection (k)(2), a written, signed resolution agreement under this section is enforceable through the complaint process in section 1 of this rule. However, use of the complaint process: (1) is not mandatory; and(2) does not delay or deny a party the right to seek enforcement of the agreement in a:(A) state court of competent jurisdiction; or(B) district court of the United States.Indiana State Board of Education; 511 IAC 7-45-6; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRAReadopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFAFiled 3/4/2024, 10:02 a.m.: 20240403-IR-511230504FRA