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.
receiving notice of the parent’s due process complaint, and
prior to the initiation of a due process hearing under
§303.443, the lead agency must convene a meeting with the
parent and the relevant member or members of the IFSP Team who have specific knowledge of the facts identified in the due process complaint that--
(i) Includes a representative of the lead agency who has decision-making authority on behalf of that agency; and
(ii) May not include an attorney of the lead agency unless the parent is accompanied by an attorney.
(2) The purpose of the resolution meeting is for the parent of the child to discuss the due process complaint, and the facts that form the basis of the due process complaint, so that the lead agency has the opportunity to resolve the dispute that is the basis for the due process complaint.
(3) The meeting described in paragraphs (a)(1) and (a)(2) of this section need not be held if--
(i) The parent and lead agency agree in writing to waive the meeting; or
(ii) The parent and lead agency agree to use the
mediation process described in §303.431.
(4) The parent and the lead agency must determine the relevant members of the IFSP Team to attend the meeting.