The Resolution Meeting:
A Guide for Parents and Educators

Resolution Meeting:  What It Is and How It Works

Resolution Meeting

IDEA 2004 added a new form of early dispute resolution – the resolution meeting.

• The law now requires the local education agency (LEA) and parents to have a meeting, called a resolution meeting, when one party has requested a due process hearing.
• The purpose of the meeting is for the party to discuss the basis of the due process hearing request, and the facts that form the basis of their hearing request.
• The meeting gives the school representative and parents an opportunity to resolve the dispute that is the basis of the hearing request.
• The meeting is a final opportunity for a face-to-face meeting before the formality of the due process hearing begins and the hearing officer has all the decision-making power regarding the situation.
• In Wisconsin, the Wisconsin Special Education Mediation System (WSEMS) can provide a neutral person to help facilitate the meeting if requested by the parents and the school.
• There is no charge to the parents or school for this service.

Waiver

The resolution meeting may be mutually waived by a written statement signed by all parties

• If parents and the school representative agree, they may waive their right to participate in the resolution meeting (see DPI waiver form on page 9). Then, they have two options: 

1. Proceed to a due process hearing.
   Or
2. Request mediation instead.

• Mediation is the best option when requested as early in the dispute as possible and when the participants need assistance to resolve a specific issue.
• Under Federal and state law, mediation may be used for disputes that deal with evaluation, disability, identification, placement, IEP issues, or provision of free, appropriate public education (FAPE).  These categories are very broad and can fit most any issue that comes up related to special education.

Participants

The participants in the resolution meeting include:

• Parents of the child
• School representative (must have decision-making authority on behalf of the school).
• Relevant member(s) of the IEP team
• The participants in the resolution meeting must have specific knowledge of the facts identified in the due process complaint.
• The parents and the school representative decide who should be present at the resolution meeting. The school district may not bring an attorney to the resolution session unless the parent is accompanied by an attorney.
• Note of caution: IDEA 2004 does not   require parents to notify school districts if they will be bringing an attorney to the resolution meeting.
• In such a case, school districts may decide to reschedule the meeting to allow for their attorney’s participation. This will result in further delaying the opportunity to resolve the issues.
• Our recommendation: when parents and the school representative decide on the “relevant” members of the IEP team to participate in the resolution session, they should also discuss whether attorneys will participate in that meeting. 
• If the school is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made (documentation needed), the district may, at the end of the 30-day period, request that the hearing officer dismiss the parent’s due process hearing request.

Resolution Meeting Timeline

IDEA requires the resolution meeting to be held within 15 days of the school district receiving notice of the parents’ due process hearing request.

• If the school district fails to hold the resolution meeting within 15 days of receiving notice of a parent’s due process complaint or fails to participate in the resolution meeting, the parent may ask the hearing officer to begin the due process hearing timeline.
• The failure of the parent to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held (except where the parties have jointly agreed to waive the resolution meeting or to use mediation).
• The resolution meeting may be held in one or more sessions within 30 days of receiving notice of the parents’ due process hearing request.
• If the school district does not resolve the due process hearing complaint to the satisfaction of the parents within 30 days, the due process hearing may proceed. The timelines for the due process start at this point (on day 31).

Expedited Resolution Meeting Timeline

IDEA specifies requirements for expedited resolution meetings, such as when there is an appeal of discipline action. 

Unless the parents and school district agree in writing to waive the resolution meeting, or agree to use mediation:

• A resolution meeting must occur within 7 days of receiving notice of the due process complaint; and
• Unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint, the due process hearing may proceed.

Attorney's Fees

No attorney's fees are awarded in the resolution meeting, since this meeting shall not be considered to be:

• A meeting convened as a result of an administrative hearing or judicial action; or
• An administrative hearing or judicial action for purposes of 34 CFR 300.517 (attorney’s fees).

Before the Resolution Meeting (using an external neutral facilitator)

• The parents or school district contact the WI Special Education Mediation System to request a facilitator from the WSEMS roster of neutrals to facilitate their Resolution Meeting.
• The facilitator may help the participants to find a convenient location, date, and time to meet. Resolution meetings may be held in libraries, community centers, the school, school district offices, attorneys’ offices, or other locations agreeable to the participants.
• The facilitator may help the parents & school decide who else may be present at the meeting.

The Resolution  Meeting (using an external neutral facilitator)

While the resolution meeting does not have a required format, most meetings with a facilitator include some of the following aspects:

• Everyone sits around a table with the facilitator in a relaxed, informal manner. The facilitator explains the resolution meeting requirements including timelines and the role of the facilitator.
• The facilitator asks each participant to explain his or her viewpoints on the situation.
• The facilitator may ask questions to help the parents and school clarify the issues and gain a better understanding of everyone’s underlying reason (interest) for the issues.
• The facilitator helps the participants work together to suggest a variety of options to resolve the issues.
• The facilitator helps the participants discuss the options.
• Anyone may ask the facilitator for a break at any time, or the facilitator may decide to call for a break.
• A resolution meeting may last from 1 hour or longer. The parents and school are usually asked to agree to a general schedule before the session begin. Sometimes more sessions are needed.
• If there is agreement, the parents and school work together to write down how they have decided to resolve their dispute.
• If there is no agreement, the due process hearing may occur.

Before the Meeting (without a facilitator)

• School staff, usually the special education director, will ask the parents if they are planning to bring anyone to the resolution meeting (such as, their child, a relative or friend, or an attorney)
• School staff will find a location, date, and time for the resolution meeting that is convenient for the parents and other participants. Resolution meetings may be held in libraries, community centers, the school, school district offices, attorneys’ offices, or other locations.

The Meeting (without a facilitator)

There is no required format or process for the resolution  meeting.  However, the resolution meeting might take the following form:

• Participants are seated around a table in a relaxed, informal manner.
• Each of the participants describes the issues and concerns from their individual  perspectives.
• Everyone should then have the opportunity to ask questions of each other in order to clarify the issues and also to gain a better understanding of everyone’s underlying reason (interest) for each issue and concern.

The participants work together to suggest a variety of options to resolve the issues. The participants discuss the options. If there is agreement, the parents and school representative work together to write down how they have decided resolve their dispute. If there is no agreement, the due process hearing may occur.

Written Agreement

If a resolution of the dispute is reached during the resolution meeting, it must be put in a written agreement.

• Both the parent and the school representative must sign the agreement.
• Suggestions for writing an agreement include:
• Be as specific as possible.  Include specific details about:  who does what, when and where.  Remember - the “devil is in the details”. Make sure to leave nothing to chance.  Make certain that the agreement is measurable and attainable.
• Use plain language to make sure that everyone understands the agreement. Avoid using such words as “soon,” “often,” or “reasonable.”  They have different meanings to different people.  Use very specific terms such as “3 times per week,” “starting on Monday, February 16th, “etc.
• Include a date for a time to “check-in” with each other to decide if another meeting is needed to address any issues that may arise in carrying out the agreement.
• Either the parents or school district may void the agreement within 3 business days.
• This document is enforceable in state or federal court. 
• Parties may want to consult their attorneys to review a draft of the agreement before signing.
• If the agreement deals with IEP related issues, this information needs to be incorporated into the IEP as soon as possible.

Confidentiality

• There is no legal requirement to keep discussions in the resolution meeting confidential.
• A confidential agreement could be considered for parties to sign at the beginning of the session, but the legal effect of such an agreement is unclear.

NOTE:  The two sections below reflect the personal opinions of some parents, parent advocates, and school district personnel about the potential advantages and concerns of the resolution meeting are listed below.

Potential Advantages of the Resolution Meeting

• Early Intervention is preferable.

• An issue may develop between a parent and the classroom teacher without the knowledge of the special education director. This is more likely to occur in a regional center, where the school district where the child attends school in one building and the office of the director is housed in a different location. The resolution meeting provides an opportunity to the special education director to intervene as early as possible.
• Given the long-term relationship between parent and school officials (i.e., entitlement of services through age 21), the resolution meeting will give them an opportunity to establish a partnership that will promote collaboration and continued partnership in the future.
•  Communication
• The informality of the resolution meeting provides an opportunity for the parents to meet with the special education director and other educators, perhaps for the first time since the development of issues, regarding the education of their child.  This meeting may improve communication and future collaboration.
• Building trust
  • The resolution meeting is an opportunity for educators to establish, or reestablish, trust with the parents.  As the parents and educators work on building trust, they may choose to contact each other in the future, before differences escalate.

Potential Concerns of the Resolution Meeting

• Mandatory.
• The resolution meeting is required.  When parties are forced to meet, rather than just have the option to meet “voluntarily” (as in mediation), they may just go through the process and have no real interest to settle.
• Delay and expense.
• The unfortunate consequence of the resolution meeting is that it may cause additional delay and expense for the parties.
• Negotiation.
• Either the parents or school may not be willing to discuss the issues contained in the due process hearing request – and may just remain “positioned” during the resolution meeting rather than take the opportunity to talk about possible options to resolve the situation. 
• Missing participants.
• The resolution meeting may not include all of the appropriate members from the IEP team to discuss and help resolve the disagreement.
• Date of meeting
• IDEA 2004 requires the school district to respond to a parent’s request for a due process hearing within 10 days. The parent might decide to wait to schedule the resolution meeting until after receiving the school’s response which may slow the process.
• Confidentiality
  IDEA 2004 is silent on confidentiality during the resolution meeting

Additional Information

For more information, or to request a facilitator from WSEMS for a resolution meeting, contact the Wisconsin Special Education Mediation System:

888-298-3857 (Toll Free Voice)
262-538-1618 (TTY)
www.wsems.us
E-mail: jane@wsems.us