Section 300.510 of the Individuals with Disability Education Act requires that a resolution session be convened to attempt to resolve a Due Process Hearing dispute within 15 calendar days (7 days for an expedited matter) after the complaint is filed.  Indicator #18 of the Annual Performance Report requires the Michigan Department of Education to submit data regarding resolution sessions to the U.S. Department of Education.  To enhance accuracy of the data, the MDE Due Process Hearing Procedures now require districts to submit a resolution session summary form.  This form must be submitted whether or not a resolution session was conducted.

Beginning February 7, 2011, the following process will be implemented:

1.      After a Due Process Complaint is filed, the OSE-EIS will send an e-mail to the Special Education Director
      or Administrator of the district(s) named in the complaint, the e-mail will:

 

a.       Contain a copy of the Resolution Session Summary (RSS) form;
b.      Remind the director or administrator that:

 

i.     A resolution session must be initiated within 15 days after the complaint is filed (7 days in an expedited matter).
ii.         The district must submit a RSS form after the resolution session is concluded.

 

c.       State if no resolution session is conducted, the form must be submitted as soon as possible after:

 

i.         The district and parent agree (in writing) to waive the resolution session; or
ii.        The resolution period is expired (30 days after complaint is filed).

 Due Process complaint - Resolution Summary Form may be accessed in the client access section of our website under forms.

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