Federal special education law—from 1975’s Education for All Handicapped Children Act (Public Law 94-142) through today’s Individuals with Disabilities Education Act (IDEA 2004)—has always recognized that the complex process of planning and implementing special education programs for students with disabilities might lead to disagreements between schools and families. The law contains several provisions designed to help schools and families resolve disagreements. However, recent versions of the law (IDEA 1997 and IDEA 2004) have sought to make conflict resolution procedures both less formal and more expeditious.

In 1997, Congress added a requirement for all states to make mediation available to parents who filed a due process complaint. The latest version of the law (IDEA 2004) made mediation available to parents prior to filing a due process complaint in an effort to resolve disputes at a less formal level. IDEA 2004 also added a new way schools and parents might work out their differences —through a meeting called a “resolution meeting.”

A resolution session is a mandatory meeting that the school district must convene within 15 days of receiving a parent’s due process complaint. While either a parent or a school district can file a due process complaint, the requirement for a resolution meeting applies only to a complaint filed by a parent. Parents considering filing a due process complaint should become aware of the specifics of the resolution meeting requirement.

Q: What is the purpose of the resolution meeting?

A: The purpose of the meeting is for the parents to discuss the due process complaint filed by the parents and provide an opportunity for the school district to resolve the issues in dispute prior to a due process hearing.

Q: Is it possible to waive the resolution meeting?

A: If both the parents and the school district agree in writing to waive the resolution meeting or to use mediation to resolve their disagreement, the resolution session does not have to be held and the timeline for the due process hearing begins.

Q: Who pays for the resolution meeting?

A: The school district is responsible for conducting the resolution meeting. There is no cost to parents (unless the parents choose to retain an attorney or advocate to help them prepare for the meeting and/or attend the meeting with them.)

Q: Who attends a resolution meeting?

A: The resolution meeting must include the parents, relevant members of the IEP team (as determined by the parents and the district), and a representative of the school district who is authorized to make decisions for the district.

Q: Are resolution meetings confidential?

A: While there is no legal requirement to keep discussions in the resolution meeting confidential, parents could request a confidentiality agreement prior to the beginning of the meeting.

Q: Are attorneys permitted to attend resolution meetings?

A:   While not required, parents may bring an attorney to a resolution meeting. The school district is not allowed to bring an attorney unless the parent brings an attorney. If parents elect to bring an attorney, the school district is not required to reimburse the parents' attorney fees.

Q: Are agreements reached at a resolution meeting legally binding?

A: If an agreement is reached during the resolution session, it is legally binding and enforceable in court. The agreement must be signed by both parties. However, either party has three business days to consider the agreement and void it if they wish.  

Q: What happens if the resolution meeting is held but no agreement is reached?

A: Even if the resolution session is held, if the complaint is not resolved to the parents' satisfaction, the due process hearing may occur. The 45-day timeline for the due process hearing starts the next day following the resolution meeting.   

Q: What happens if parents fail to participate in the resolution meeting?

A: If the parent fails to participate in the meeting the school district may request that the complaint be dismissed by a hearing officer.  

Q: What happens if the school district fails to hold the resolution meeting within the required period?

A: If the school district fails to hold the meeting or fails to participate in the meeting, the parent may seek the intervention of a hearing officer in order to begin the due process hearing.

Q: What are the benefits of participating in a resolution meeting?

A: Each parent should weigh the pros and cons of a resolution meeting in terms of the specific issues involved in the complaint. Generally, this additional opportunity to discuss the issues in dispute can offer the possibility of a resolution without the time and expense of a protracted due process hearing. Sometimes school officials are not aware of the parents’ issues or those able to make commitments for the district have not been in attendance at prior meetings. The requirement for a school representation with decision-making authority to attend the resolution meeting might result in a solution agreeable to all. Since an agreement reached is legally binding, parents have recourse if the district fails to execute the agreement.

Q: What are the drawbacks of a resolution meeting?

A: There is no guarantee that an agreement will be reached, and there is no requirement for confidentiality. There is also no requirement for a person to facilitate the discussion, such as a mediator, which can often be beneficial to resolving disputes. If parents are unprepared, the resolution meeting can only exacerbate the dispute.

Parents can prepare for a resolution meeting by:

·          Clearly identifying the issues in dispute, including examples;

·          Providing documentation of the issues in dispute; and

·          Identifying possible solutions that could resolve the dispute.