Resolution Period: ( Dixie R. Galvez) ( 16085E Lancashire Dr. 33470. U.S.A Palm Beach ( Dixiergalvez@gmail.com)

 Resolution Period:

If the school district has not resolved the due process hearing request to your satisfaction within 30 calendar days of the receipt of the due process hearing request ( during the time period for the resolution process), The due process hearing may occur.


The 45 calendar day timeline for issuing a final decision begin at the expiration of the 30 calendar day resolution period, with certain exceptions for adjustments made to the 30 calendar day resolution period, as described below.


Except where you and the school district have both agreed to waive the resolution process or to use mediation, Your failure to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until you agree to participate in a meeting.


If after making reasonable efforts, and documenting such efforts, the school district is not able to obtain your participation in the resolution meeting, The school district may, at the end of the 30 calendar day resolution period, request that the ALJ dismiss your due process hearing request. Documentation of such efforts must include a record of the school district attempts to arrange a mutually agreed upon time and place, such as:

1.)Detailed records of telephone calls made or attempted and the results of those calls;

2.) Copies of correspondence sent to you and any responses received; and

3.) Detailed records of visits made to your home or place of employment and the results of those visits.


If the school district fails to hold the resolution meeting within 15 calendar days of receiving notice of your due process hearing request or fails to participate in the resolution meeting, You may ask the ALJ to order that the 45 calendar day due process hearing timeline begin.

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Adjustments to the 30 calendar day resolution Period:

If you and the school district agree in writing to waive the resolution meeting, then the 45 calendar day timeline for the due process hearing starts the next day.


After the start of mediation or the resolution meeting and before the end of the 30 calendar day resolution period, If you and the school district agree in writing that no agreement is possible, Then the 45 calendar day timeline for the due process hearing starts the next day.


If you and the school district agree to use the mediation process, at the end of the 30 calendar day resolution period, both parties can agree in writing to continue the mediation until an agreement is reached. However, If either you or the school district withdraws from the mediation process, then the 45 calendar day timeline for the due process hearing starts the next day.

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Written Settlement Agreement:

If a resolution to the dispute is reached at the resolution meeting, you and the school district must enter into a legally binding agreement that is:

1.) Signed by you and a representative of the school district who has the authority to bind the school district; and

2.) Enforceable in any state court of Competent jurisdiction ( a state court of competent jurisdiction ( a sate court that has authority to hear this type of case) or in a district court of the United States or by the Department of Education.

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Agreement Review Period:

If you and the school district enter into an agreement as a result of a resolution meeting, either party ( You or the school district) may void the agreement within three business days of the time that both you and the school district signed the agreement.

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Due Process Hearing

Impartial Due Process Hearing

34 CFR Section 300.511

General

Whenever a due process hearing requests is filed, you or the school district involved in the dispute must have an opportunity for an impartial due process hearing, as described in the due Due Process Hearing Request and Resolution Process Sections.

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Note: In addition to requesting mediation and filing a state complaint, Parents and school districts have the rights to request an impartial due process hearing. A request for a due process hearing may be made regarding any proposals or refusal of the school district to initiate or change the identification of, evaluation of educational placement of,   or provision of a FAPE. to your child. Should a due process hearing be required, the hearing will be conducted by the Department of Education through an impartial ALJ with Florida Division of Administrative Hearings ( DOAH) in accordance with applicable Florida Statues and state Board of Education Rules.


Florida has a ( one tier) due process system in which the sea or another State level agency or entity ( other than the school district) is responsible for convening due process hearings. An appeal from a due process hearing decision goes directly to a federal district or State Circuit Court.

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