What is a resolution session?
By the IEP Atlas editorial teamLast updated
Short answer
A resolution session is a meeting the school district must hold within 15 days after it receives a parent's due process complaint, to try to settle the dispute before a hearing. It is covered in 34 CFR 300.510. If the dispute is not settled within 30 days, the case can go to a hearing.
A resolution session, also called a resolution meeting, is a required step between a parent filing a due process complaint and the hearing itself. It gives the family and the district one structured chance to settle the issues in the complaint.[1] It is a separate step from the hearing, which is explained in due process hearings: steps and timelines.
This page describes the federal rule. States can add detail, and for your own case an advocate or lawyer can explain how your state handles it.
What the regulation requires
Under 34 CFR 300.510, the district must:[1]
- convene the meeting within 15 days of receiving notice of the parent's complaint, before the hearing starts
- include the parent, the relevant members of the IEP team who know the facts in the complaint, and a district representative with authority to make decisions
- give the parent a chance to discuss the complaint and the facts behind it, so the district can try to resolve it
The district may not bring its lawyer unless the parent brings one. The parent and the district decide together which IEP team members attend.[1]
The meeting can be skipped only if both the parent and the district agree in writing to waive it, or both agree to use mediation instead.[1]
The 30-day resolution period
If the district has not resolved the complaint to the parent's satisfaction within 30 days of receiving it, the hearing can go forward. The 45-day timeline for the hearing decision starts when the resolution period ends.[1][2]
The 45-day clock can start early. That happens if both sides agree in writing to waive the meeting, or if after the meeting or mediation starts both agree in writing that no agreement is possible.[1]
If the parent does not take part, the timelines are delayed. After 30 days, if the district has documented reasonable efforts to get the parent to come, it can ask the hearing officer to dismiss the complaint. If the district fails to hold the meeting within 15 days, the parent can ask the hearing officer to begin the hearing timeline.[1]
If you reach agreement
A settlement is written down and signed by the parent and a district representative with authority to bind the district. It is legally binding and can be enforced in court. Either side may void it within 3 business days of signing.[1]
An example
This example is fictional.
On February 1, a parent files a due process complaint saying the district stopped her son's one-to-one paraprofessional support without an IEP meeting. The district receives it the same day.
On February 12, day 11, the district holds the resolution session. The special education director attends with authority to decide, along with the case manager and the special education teacher. The parent comes alone, so the district's lawyer does not attend.
The director agrees to restore the paraprofessional support starting February 19 and to hold an IEP meeting within 30 days to review the data. Both sign a written agreement. On February 14, still within the 3 business days, neither side has voided it, so it stands. The complaint is withdrawn.
Resolution session vs mediation
Families often confuse these two. Both are meetings that try to settle a dispute, but they are run differently.
| Resolution session | Mediation | |
|---|---|---|
| When it happens | Only after a parent files a due process complaint | Any time, including before any complaint[3] |
| Required? | Yes, unless both sides waive it in writing or choose mediation[1] | Voluntary for both sides[3] |
| Who runs it | The district | A trained, impartial mediator[3] |
| Neutral person present | No | Yes |
| District lawyer | Only if the parent brings one[1] | Not limited by the rule |
| Confidentiality | No federal confidentiality rule for the discussion | Discussions are confidential and cannot be used later as evidence[3] |
| Written agreement | Binding; either side can void within 3 business days[1] | Binding and enforceable in court[3] |
| Federal rule | 34 CFR 300.510 | 34 CFR 300.506 |
For a full comparison of mediation, hearings and state complaints, see mediation vs due process vs state complaint. The special education rights overview shows where these fit among your other rights.
When the school files
The resolution session is tied to complaints filed by parents. When the district files a due process complaint, the federal rule does not require a resolution meeting.[1] Mediation is still available.
Your state's Parent Training and Information Center can help you prepare for the meeting.[4] Short definitions are in the glossary entries for due process and mediation.
Frequently asked questions
Do I have to go to the resolution session?
If you filed the complaint and have not agreed in writing with the district to waive it or use mediation, you are expected to take part. Not taking part delays the timelines and, after 30 days, can lead the district to ask for dismissal.
Can I bring an advocate to the resolution session?
The federal rule lists the parent, relevant IEP team members and a district decision-maker. Many districts allow a parent to bring a support person or advocate. If you bring a lawyer, the district may bring its lawyer too.
Is what I say at the resolution session confidential?
Federal rules do not make resolution session discussions confidential the way mediation discussions are. You and the district can agree to keep them confidential, and some states have rules on this.
Use it in IEP Atlas
- Due process in the IEP glossary
- Mediation in the IEP glossary
- Procedural safeguards in the IEP glossary
- IDEA in the IEP glossary
Related guides
- Special education rights for parents and students: an overview
- Mediation vs due process vs state complaint
- Due process hearings: steps and timelines
- Prior written notice: when it is required and what it contains
Sources
- 34 CFR §300.510: Resolution process, U.S. Department of Education (IDEA website)
- 34 CFR §300.515: Timelines and convenience of hearings and reviews, U.S. Department of Education (IDEA website)
- 34 CFR §300.506: Mediation, U.S. Department of Education (IDEA website)
- Center for Parent Information and Resources, CPIR
- OSEP Memo and Q&A on Dispute Resolution (July 23, 2013), U.S. Department of Education, Office of Special Education Programs
Written and checked by the IEP Atlas editorial team under our editorial policy. This guide describes general practice and federal rules. It is not legal advice; your state may add requirements, and the IEP team makes the decisions for each student.