Policy – Category 1000 (Community Relations) BP 1001 – Procedural Safeguards
a. Must take place within 15 days of the LEA receiving notice of the parent’s complaint ( Title 34 of the Code of Federal Regulations § 300.510(a)(1) ); b. Must include a LEA representative who has decision-making authority ( Title 34 of the Code of Federal Regulations § 300.510(a)(1)(i) ); c. May not include an attorney for the Charter LEA unless the parent is accompanied by an attorney ( Title 34 of the Code of Federal Regulations § 300.510(a)(1)(ii) ); and d. Must provide the parents with the opportunity to discuss the complaint and the facts that form the basis of the complaint, and the LEA must be allowed the opportunity to resolve issues in the complaint ( Title 34 of the Code of Federal Regulations § 300.510(a)(2) ). Resolution session may be confidential or non-confidential. The parties decide which type of meeting they prefer at the beginning of the resolution session. If an agreement is reached during resolution, either party has three business days to void the agreement. There is no requirement for a resolution session when the Charter LEA files a due process complaint. • Step 2 – Mediation: Voluntary and Confidential If the complaint is not settled during the resolution session the next step is voluntary mediation. The mediator is an administrative law judge (ALJ) assigned by the OAH who is a neutral participant, skilled in methods of facilitating effective communication between the parties. As a mediator, the ALJ’s role is to manage the communication between the parties in order to settle the issues in the complaint. If the parties reach an agreement during mediation, it is binding, and the due process complaint is withdrawn. Any discussions or agreement reached during mediation are confidential and protected by law from being revealed to any other party. • Step 3 – Due Process Hearing If resolution and/or mediation are not successful in settling the complaint, the case moves to a due process hearing before a different ALJ. A telephonic pre-hearing conference will be scheduled with both parties before the first date of hearing to discuss the issues, documents, witnesses, and the length of days for the hearing.
BP 1001 – Procedural Safeguards
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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