IDEA 2004: Building the Legacy
Part C (birth - 2 years old)
Note: This document has been delivered to the Office of the Federal Register but has not yet been scheduled for publication. The official version of this document is the document that is published in the Federal Register.
process, only applies in cases where a State has chosen to adopt the Part B due process procedures under section 615 of the Act. Section 303.442(b)(1) incorporates the 30-day resolution timeline specified in section 615(f)(1)(B)(ii) of the Act.
Comment: A few commenters requested that §303.442(b)(4)
include a definition of the term “reasonable effort.”
Discussion: Section 303.442(b)(4) provides that, if the lead agency is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made, including documenting its efforts, the lead agency may, at the conclusion of the 30-day period, request
that the hearing officer dismiss the parent’s due process
complaint. We would expect that throughout the 30-day resolution period the lead agency would make those efforts
necessary, as dictated by the individual circumstances of
each particular case, to encourage the parent to participate in the resolution meeting. If the lead agency
requests the hearing officer to dismiss the parent’s due
process complaint pursuant to §303.442(b)(4), it would be
up to the hearing officer to determine whether the lead agency has made reasonable efforts to obtain the participation of the parent in the resolution meeting.