6.5.3 The Resolution Period and Meeting

An LEA must convene a resolution meeting with the parent within 15 days of receiving the due process hearing request.1  The resolution meeting does not have to occur if the parent and LEA agree in writing to waive it or both parties agree to use mediation instead.2  Otherwise, the meeting must be held between the parent and a representative of the LEA who has decision-making authority as well as any member of the IEP team with specific knowledge of the facts related to the due process hearing request.3  An LEA cannot bring an attorney to the resolution meeting unless the parent is also represented by counsel.4  The resolution period may be extended or the due process hearing request may be dismissed at the conclusion of the resolution period if the parent refuses to participate in the resolution meeting after reasonable, documented efforts by the LEA.5

Parties who are able to resolve the dispute must execute a legally-binding, written settlement agreement signed by the parent and a representative of the LEA with authority to bind the agency.6  The written settlement agreement may be voided within 3 business days; if not, it can be enforced in court or through a formal written complaint filed with the LDE.7

If the parent and school district are unable to come to a resolution within 30 calendar days of receipt of the request, the due process hearing timeline begins. In most instances, a final hearing decision must be reached and mailed not later than 45 days after the expiration of the resolution period.8  This means the hearing itself must be held sufficiently in advance of the deadline to give the ALJ time to reach and prepare the decision. The ALJ may extend the 45-day deadline at the request of either party.9

• 134 C.F.R. § 300.510; La. Bulletin 1706 § 510(A)(1).
• 2La. Bulletin 1706 § 510(A)(3).
• 3Id. § 510(A)(1).
• 4Id. § 510(A)(1)(b).
• 5Id. § 510(B)(3)–(4).
• 6Id. § 510(D)(1).
• 7Id. § 510(D)(2)–(E).
• 8Id. § 515(A).
• 9Id. § 515(B). A template motion to extend the timeline for a due process hearing decision is provided in Section 9.