§8-60-64 - Resolution process.

§8-60-64 Resolution process. (a) Resolution meeting. (1) Within 15 days of receiving notice of the parent's due process complaint, and prior to the initiation of a due process hearing under section 8-60-65, the department shall convene a meeting with the parent and the relevant member or members of the IEP team who have specific knowledge of the facts identified in the due process complaint that:

(A) Includes a representative of the department who has decision-making authority on behalf of the department; and

(B) May not include an attorney of the department unless the parent is accompanied by an attorney.

(2) The purpose of the meeting is for the parent of the student to discuss the due process

complaint, and the facts that form the basis of the due process complaint, so that the department has the opportunity to resolve the dispute that is the basis for the due process complaint.

(3) The meeting described in paragraph (1) and (2) need not be held if:

(A) The parent and the department agree in writing to waive the meeting; or

(B) The parent and the department agree to use the mediation process described in section 8-60-60.

(4) The parent and the department determine the relevant members of the IEP team to attend the meeting.

(b) Resolution period. (1) If the department has not resolved the due process complaint to the satisfaction of the parent within 30 days of the receipt of the due process complaint, the due process hearing may occur.

(2) Except as provided in subsection (c), the timeline for issuing a final decision under section 8-60-69 begins at the expiration of this 30-day period.

(3) Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding paragraphs (1) and (2), the failure of the parent filing a due process complaint to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held.

(4) If the department is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made (and documented using the procedures in section 8-60-46(d)), the department may, at the conclusion of the 30-day period, request that a hearing officer dismiss the parent's due process complaint.

(5) If the department fails to hold the resolution meeting specified in subsection

(a) within 15 days of 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.

(c) Adjustments to 30-day resolution period. The 45-day timeline for the due process hearing in section 8-60-69(a) starts the day after one 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 30-day period, the parties agree in writing that no agreement is possible;

(3) If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or department withdraws from the mediation process.

(d) Written settlement agreement. If a resolution to the dispute is reached at the meeting described in subsections (a)(1) and (2), the parties shall execute a legally binding agreement that is:

(1) Signed by both the parent and a representative of the department who has the authority to bind the department; and

(2) Enforceable in any State court of competent jurisdiction or in a district court of the United States.

(e) Agreement review period. If the parties execute an agreement pursuant to subsection (d), a party may void the agreement within 3 business days of the agreement's execution.

[Eff 11/23/09] (Auth: 20 U.S.C. 1415(f)(1)(B), HRS §302A-1112) (Imp: 34 C.F.R. §300.510)


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