Ed_gov_transparent ED.gov - Link to ED.gov Home Page

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.

Changes: None.

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.