View FileNovember 10, 2010 to Texas Education Agency General Counsel David Anderson MS Word
November 10, 2010David Anderson, General CounselTexas Education Agency1701 North Congress AvenueAustin, Texas 78701-1494Dear Mr. Anderson:This is in response to your August 19, 2010 letter requesting guidance on whether a State educational agency (SEA) may adopt a regulation that takes into account, for purposes of the resolution period timeline, a local educational agency's (LEA's) winter break. You state that you are asking because you have learned that LEAs are encountering difficulty in timely convening resolution sessions when parents file due process hearing complaints shortly before or during winter breaks. You further clarify that in Texas, winter breaks typically extend between two to three weeks. You also ask whether the SEA could delay notifying an LEA that a due process complaint has been filed with the SEA until the LEA reopens after winter break. Under section 615(f)(1)(B) of the Individuals with Disabilities Education Act (IDEA) and 34 CFR 300.510(a), 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 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. Under 34 CFR 300.11(a), day means calendar day unless otherwise indicated as business day or school day. Absent an agreement under 34 CFR 300.510(a)(3) not to hold the meeting because the parent Melody Musgrove, Ed.D.DirectorOffice of Special Education Programscc: Kathy ClaytonPage PAGE * MERGEFORMAT 2 David Anderson, General Counsel
