NAC388.307. Resolution meeting.

     1. Except as otherwise provided in this section, within 15 days after receiving a due process complaint pursuant to NAC 388.306 and before the initiation of a hearing, the public agency shall convene a resolution meeting with the parent and the relevant members of the individualized educational program committee of the pupil who have specific knowledge of the facts identified in the due process complaint.

     2. The parent and the public agency shall determine which members of the individualized educational program committee are relevant because they have specific knowledge of the facts identified in the due process complaint.

     3. A representative of the public agency who has the authority to make decisions on behalf of the agency shall attend the resolution meeting.

     4. An attorney for the public agency must not attend the resolution meeting unless the parent is accompanied by an attorney.

     5. The purpose of the resolution meeting is to allow the parent and the public agency an opportunity to discuss the due process complaint and the facts that form the basis of the complaint in an effort to resolve the dispute that is the basis for the complaint.

     6. A resolution meeting is not required to be held if:

     (a) The parent and the public agency agree in writing to waive the meeting; or

     (b) The parent and the public agency agree to use the mediation process set forth in NAC 388.305.

     7. Except as otherwise provided in subsection 8, if the complaint filed pursuant to NAC 388.306 is not resolved to the satisfaction of the parent within 30 days after the public agency received the complaint, the hearing may proceed. Except as otherwise provided in subsection 12 of NAC 388.310, the 45-day timeline for issuing a final decision begins at the expiration of the 30-day period for resolution.

     8. Except as otherwise provided in subsection 6, if the parent fails to participate in a resolution meeting, the timelines for the hearing and any action to resolve the complaint will be delayed until such time as the parent participates in the meeting. The public agency shall make reasonable efforts to obtain the participation of the parent. The public agency shall be deemed to have made reasonable efforts if the agency provides written notice and makes additional attempts to notify the parent of the meeting, including, without limitation, attempts to notify the parent by telephone or through a visit to his or her home or place of employment. The public agency shall keep detailed records of any telephone calls, correspondence or visits made to the parent’s home or place of employment and the results of each correspondence or visit, if any. The parent and the public agency may agree to use alternative means of participation in a meeting by the use of a video conference, a telephone conference call or other means.

     9. If the public agency is not able to obtain the participation of the parent in a resolution meeting and the agency has made and documented its reasonable efforts to obtain such participation, the public agency may, not less than 30 days after the public agency received the due process complaint, request that the complaint be dismissed.

     10. If the public agency fails to hold a resolution meeting within 15 days after receipt of a due process complaint or fails to participate in such a meeting, the parent may request a hearing officer to begin the timeline for a due process hearing.

     11. If a resolution to the dispute which forms the basis of a due process complaint is reached during a resolution meeting, the parties shall execute a legally binding agreement which:

     (a) Must be signed by the parent and a representative of the public agency who has the authority to bind the agency; and

     (b) Is enforceable in any court in this State with competent jurisdiction or in a district court of the United States.

Ê A party may void such an agreement within 3 business days after the agreement is executed.

     (Added to NAC by Bd. of Education by R058-07, eff. 10-31-2007)