Indiana Administrative Code
Title 511 - INDIANA STATE BOARD OF EDUCATION
Article 7 - SPECIAL EDUCATION
Rule 45 - Complaints, Mediation, and Due Process Procedures
Section 45-6 - Resolution meeting
Current through September 27, 2023
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
(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, as determined by the parent and the public agency.
(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:
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:
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:
(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:
(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:
(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:
(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:
(l) If the parties execute an agreement as a result of a resolution meeting held in accordance 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:
Indiana State Board of Education; 511 IAC 7-45-6; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRA
Readopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFA