POLICY LETTER: July 13, 2010 to Texas Education Agency General Counsel David Anderson

July 13, 2010David Anderson General Counsel Texas Education Agency1701 North Congress AvenueAustin, Texas 78701Dear Mr. Anderson:This is in response to your March 22, 2010 letter to me seeking guidance on whether State educational agencies (SEAs) may dismiss claims raised in a State complaint that were released in a previous settlement agreement resulting from mediation or a resolution session. Specifically, you describe a situation where a local educational agency (LEA) sought the dismissal of a State complaint on the basis that a previous mediation settlement agreement released the LEA from all claims related to the student's education that may or may not have accrued on or before the effective date of the agreement. You ask whether the State is obligated to recognize the release and dismiss the matter just as a court would.The Individuals with Disabilities Education Act (IDEA or Act) includes various means for a parent of a child with disabilities to resolve a dispute with an LEA relating to the identification, evaluation, or educational placement of, or the provision of a free appropriate public education to, that child. Generally, the options available to parents arc (1) mediation, as set out at 34 CFR 300.506, (2) the State complaint resolution system required in 300.151-300.153, and (3) the impartial due process hearing system under 300.507-300.517, that includes a pre-hearing resolution process at 300.510. Under 34 CFR 300.506(b)(7) and section 615(e)(2)(F)(iii) of the Act, a signed written settlement agreement reached through mediation is enforceable in any State court of competent jurisdiction or in a district court of the United States. We note that, in general, a settlement agreement is enforceable only on the parties to the agreement and not on third parties that are not signatories.Under the IDEA, the State also has an independent obligation to ensure that its LEAs are in compliance with State and Federal requirements that apply to the education of children with disabilities. See 20 U.S.C. 1232d(b)(3)(E) and 34 CFR 300.149 and 300.600(e). The State complaint process is one method for States to investigate and ensure compliance. Moreover, the IDEA regulations thatOffice of Special Education Programs