Resolution Period

Website Content Area: 
Special Education
Book Type: 
Guide
Paragraphs: 

A resolution period is an opportunity for the parent(s), member(s) of the committee on special education, and a representative of the school district who has decision-making authority to meet and discuss the complaint to reach a possible agreement before the impartial hearing takes place. A resolution period occurs when a parent initiates a due process complaint. It is a maximum 30-day period beginning the day the district receives the due process complaint from the parent(s). The resolution period for a parent-initiated expedited request is 15 days from receipt of the due process complaint. There is no resolution period with district-initiated requests, and the impartial hearing begins immediately.

Note: The IHRS automatically populates the Resolution Period Start Date and Resolution Compliance Date fields in Case Maintenance based on the request date entered by the district.

Resolution Meeting

Website Content Area: 
Special Education
Book Type: 
Guide
Paragraphs: 

The school district is required to hold a resolution meeting within 15 days of receiving the due process complaint notice from the parent. For expedited impartial hearings, the school district is required to hold a resolution meeting within seven days of receiving the due process complaint notice from the parent. The district's failure to hold the resolution meeting within these timeframes may result in the parent(s) petitioning the IHO to proceed to hearing immediately and waive the remainder of the resolution period.

More than one resolution meeting may be held. Additional meetings must be recorded in the IHRS.

Entering a Resolution Meeting

Step 1: Click Case Maintenance on the IHRS home screen. Open the case that needs a resolution meeting added.

Step 2: Click the link for the Resolution Period Identifier under Resolution Periods. There is only one resolution period unless the parent-initiated case is amended.

Step 3: Click New under Resolution Meetings.

Step 4: Use the calendar feature to complete the Resolution Meeting Date field. Select Y from the dropdown list in the Held? field if you are entering a date for a meeting that was held.  Select N if the meeting was scheduled but not held.

Note: You may enter a meeting ahead of time if it has been scheduled but not yet held. If you are entering a future meeting date, skip the Held? field. This field needs to be completed when you know whether the meeting has been held or not held.

Step 5: Click Save.

Step 6: Click the Case Identifier link at the top of the screen to return to Case Maintenance. The meeting data you entered may be accessed by clicking the Resolution Period Identifier link under Resolution Periods.

Closing a Resolution Period

Website Content Area: 
Special Education
Book Type: 
Guide
Paragraphs: 

Once a resolution period is created in a case, extensions cannot be entered and a case cannot be closed until the Resolution Period Result and Resolution End Date are entered. A resolution period may be waived or shortened by agreement of both parties. Both parties are required to notify the IHO in writing if, at any time, the resolution period is waived.

The resolution period may be ended due to an insufficient request. If the IHO is asked to rule on the sufficiency of a request and deems the request insufficient, the case may either be closed or the IHO may allow the parent a specified amount of time to revise (amend) the request. If a revised request is submitted and an amended date is entered in IHRS, a new resolution period is created in the case (see Amendments).

Entering a Resolution Period End Date and Result

Step 1: Click Case Maintenance on the IHRS home screen. Open the case that needs the resolution period closed.

Step 2: Click the link for the Resolution Period Identifier under Resolution Periods. 

Step 3: Check that the resolution meeting data was entered.

Step 4: Use the calendar feature to complete the Resolution Period End Date field.

Step 5: Click List next to the Resolution Period Result field. Click a Resolution Period Result.

Note: Selecting WRITTEN SETTLEMENT AGREEMENT or REQUEST WITHDRAWN closes the resolution period and the case after which no further information can be entered. Enter all resolution meeting data before selecting these resolution period results.

Step 6: Click Save.

Step 7: Click the Case Identifier link at the top of the screen to return to Case Maintenance. The data you entered appears under Resolution Periods.

Resolution Period Results
Results Description
PROCEED TO IMPARTIAL HEARING - RESOLUTION PERIOD ELAPSED.

The 30-day resolution period has elapsed or the district is unable to obtain the participation of the parent(s) in the resolution meeting within the 30-day resolution period. If the district is unable to obtain parent participation, the district may request that the IHO dismiss the case. If dismissed, the district enters the dismissal date as the case closed date and DISMISSED AT SCHOOL DISTRICT REQUEST as the case closure type. 
PROCEED TO EXPEDITED HEARING - 15 DAYS ELAPSED The parties have not reached an agreement and the 15-day resolution period for the expedited case has elapsed.
PROCEED TO IMPARTIAL HEARING AT PARENT REQUEST The district failed to hold a resolution meeting within 15 days of receipt of the request, and the parent requests the IHO begin the impartial hearing immediately.
WAIVED BY BOTH PARTIES - ENTIRE PERIOD The district and the parent(s) agree to waive the entire resolution period and begin the hearing process immediately. This may occur within two days of the beginning of the resolution period.
WAIVED BY BOTH PARTIES - REMAINDER OF PERIOD The district and the parent(s) agree to waive the remainder of the resolution period and begin the hearing process immediately. This may occur after two days of the beginning of the resolution period and before the resolution period compliance date.
WRITTEN SETTLEMENT AGREEMENT The district and the parent(s) reach a written and signed settlement agreement within the 30-day resolution period. The IHO will not render a written decision. Choosing this selection automatically closes the case as SETTLED on the date entered for the Resolution Period End Date (provided the issue decision SETTLED IN RESOLUTION SESSION is entered). 
REQUEST WITHDRAWN The party who initiated the hearing withdrew the request. There is written documentation of the withdrawal. Choosing this selection automatically closes the case as WITHDRAWN on the date entered for the Resolution Period End Date.
PARTIAL AGREEMENT - PROCEED TO HEARING The district and the parent(s) came to an agreement on at least one issue. The remaining issue(s) proceeds to hearing. An issue decision of SETTLED IN RESOLUTION SESSION is entered.
CONSOLIDATED The IHO determines the case should be consolidated. The district closes the resolution period to the subsequent case as CONSOLIDATED which automatically closes the case. 
CONTINUE MEDIATION - HEARING TIMELINE ON HOLD At the end of the 30-day resolution period, both parties agree in writing to continue mediation and delay the beginning of the impartial hearing.