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August 8, 2012Paula Walker, Ph.D.Executive Director of Special EducationLewisville Independent School District136 Purnell StreetLewisville, Texas 75057Dear Dr. Walker:This is in response to your February 10, 2011 letter regarding resolution meetings required under 34 CFR 300.510. I apologize for the delay in our response and understand that Dr. Deborah Morrow, of my staff, communicated with your staff regarding the delay and verified that you continue to want a response from the Office of Special Education Programs (OSEP).In your letter, you ask whether it is appropriate for a parent to participate by telephone in the resolution meeting required pursuant to 34 CFR 300.510. You express concern that a lack of participation by both the parents and school district personnel in person will reduce the effectiveness of the resolution meeting and limit opportunities for resolution of disputes at the school level. Specifically, you ask: (1) is the interpretation of the regulations correct that parents will attend the resolution meeting in person, unless both parties agree to another means of participation; (2) if the parties cannot meet for the resolution meeting within the initial 15 calendar days, can the time be extended; and (3) if the parents do not agree to participate in person, is the district then entitled to request a dismissal of the hearing?Under 34 CFR 300.510, within 15 days of receiving notice of the parent's due process complaint and prior to the initiation of a due process hearing under 34 CFR 300.511, the local educational agency (LEA) must convene a meeting with the parent and the relevant member or members of the individualized education program (IEP) Team who have specific knowledge of the facts identified in the due process complaint. The purpose of the meeting is for the parent of the child to discuss the due process complaint, and the facts that form the basis of the due process complaint, so that the LEA has the opportunity to resolve the dispute that is the basis for the due process complaint. 34 CFR 300.510(a)(1) and (2). The regulations provide that, if the LEA 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. 34 CFR 30.510(b)(1). Additionally, if the LEA faiSincerely,/s/ Melody MusgroveMelody Musgrove, Ed.D.DirectorOffice of Special Education Programscc: State Director of Special EducationPage PAGE 2 Paula Walker, Ph.D.
TOPIC: Impartial Due Process Hearings
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Last modified on April 19, 2017