AGREEMENT ON DISPUTE RESOLUTION PROCESS
______________________ (“Parents”), on behalf of their son/daughter _____________________ (“Student”), and the _______________ School District (“District”), have a dispute under the Individuals with Disabilities Education Act (IDEA) which they agree to address utilizing the following process: [Both parties will initial the agreed upon option, considering, among other things, whether they desire the involvement of their attorney, confidentiality, and the three business day revocation period applicable to resolution session agreements, all of which are addressed in the provisions below.] ____ ____ 1. We will participate in a resolution session as provided under the
Individuals with Disabilities Education Act (IDEA). However, in doing so we agree to utilize the services of a mutually agreed upon facilitator 1 and the terms of this Agreement set forth below. ____ ____ 1A. We will participate in a resolution session as provided under the
Individuals with Disabilities Education Act (IDEA). However, in doing so we agree to utilize the services of a mutually agreed upon mediator 2 and the terms of this Agreement set forth below. ____ ____ 1B. We waive our right to participate in a resolution session as provided under
the Individuals with Disabilities Education Act (IDEA). Instead, we agree to participate in a mediation session with a mutually agreed upon mediator.
1
As here used, the term “facilitator” means a neutral, trained person who would not “run” or “chair” the session. Rather, the facilitator would guide the process when necessary by encouraging participation, keeping the participants on task, ensuring understanding, and helping keep the discussion flowing, mutual, and respectful, with the goal of obtaining a resolution.
2
As used here, the term “mediator” means a neutral, trained person who generally, with the assistance of the parties, establishes a process, through which issues are identified and ways of resolving them explored, with a goal of reaching an agreement.
____ ____ 1C.
We waive our right to participate in a resolution session as provided under
the Individuals with Disabilities Education Act (IDEA). Further, we choose not to participate in mediation. Rather, we choose to proceed to hearing. [Cross out paragraphs 3 through 6 and next consider paragraphs 2 and 7.] 2. We agree that while we pursue the option we have chosen above, the student who
is the subject of this matter shall “stay put” i.e., remain in her/his current placement which is the student’s individualized education program (IEP) dated ___________________, 200__ . 3. We agree that the facilitator/mediator (circle one) shall be
_____________________________. 4. The session meeting shall be held at ______ a.m./p.m. (circle one) on _______,
2006, at the ______________________ Building. It is agreed that the following persons are the relevant members of the IEP team and other persons who will attend the session (including a representative of the District who can bind it): ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________ ___________________________________________________
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It is agreed that the attorneys (if any) representing the parties will/will not (circle one) attend the session. 5. The discussions that occur during this dispute resolution process shall be
confidential (i.e., they may not be used as evidence in any subsequent due process hearing or civil proceeding). 6. Any agreement reached between the parties as a result of this process shall be
enforceable in a court of competent jurisdiction or as otherwise provided in the Agreement. 7. The parties agree that the thirty (30) calendar day resolution session period (or
fifteen (15) calendar days in the case of an expedited hearing) expires on ______________, 2006 (at which time the timelines for the holding of the hearing and the rendering of a decision shall commence). 3
Dated: _____________________
__________________________________________ Parent
Dated: _____________________
__________________________________________ Parent
Dated: _____________________
__________________________________________ District Representative4
C:DRAM/Form Agreement on Dispute Resolution Process March 2006
3
If the parties have agreed to participate in a resolution session, they should consider with regard to when these timelines start the three business day period after the resolution session during which each party may void an agreement.
4
The District Representative signing this Agreement is representing that he/she has the authority to bind the District.
3