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Office of Special Education
IMPARTIAL HEARING REPORTING SYSTEM



Resolution Period

Relevant New York State Regulation(s):

  • 8 § NYCRR Part 200.5(h)
  • 8 § NYCRR Part 200.5(i)
  • 8 § NYCRR Part 200.5(j)(2)
  • 8 § NYCRR Part 200.5(j)(3)

 

What is a Resolution Period?

Case Maintenance screen: Resolution Periods Data

A Resolution Period occurs when a parent initiates a due process complaint (impartial hearing request). It is a maximum 30-day period beginning the day the district received the due process complaint from the parent(s). The resolution period for a parent-initiated expedited request is 15 days from receipt of the expedited due process complaint. There is no resolution period with district-initiated requests, the impartial hearing begins immediately.

A Resolution Period is an opportunity for the parent(s), member(s) of the committee on special education and a representative of the school district, who has decision-making authority on behalf of the school district, to meet and discuss the complaint and facts that form the basis of the complaint and to reach a possible agreement before the impartial hearing takes place.

The Impartial Hearing Reporting System (IHRS) automatically enters the resolution period in Case Maintenance based on the request date entered by the district. The determination of the date received in the district's office (e.g., fax or postal mail) is subject to district policy. The Resolution Compliance Date (the date the resolution period ends) is calculated by IHRS.

What is a Resolution Meeting and When Does it Occur?

A resolution meeting is an opportunity for the parent(s) and district representatives to discuss the complaint and facts that form the basis of the complaint and to reach a possible agreement before the impartial hearing takes place.

The School district is required to hold a resolution meeting within 15 days of receiving the due process complaint notice from the parent. For expedited impartial hearings the school district is required to hold a resolution meeting within seven days of receiving notice of the due process complaint from the parent.

The district's failure to hold the resolution meeting within the timeframes described above may result in the parent's petitioning the Impartial Hearing Officer (IHO) to proceed to hearing immediately and waive the remainder of the resolution period.

Steps to Add a Resolution Meeting

Step 1.

Log onto IHRS

Resolution Period and Resolution Meeting Data Entry screens

Step 2.

Find and open the specific case you wish to add resolution meeting information.

Step 3.

Scroll down to the Resolution Periods heading.

Step 4.

Click on the Resolution Period Identifier number for the resolution period you wish to edit (there is only one resolution period, unless the parent-initiated case is amended).

Step 5.

Click the New button shown under the Resolution Meetings heading.

Step 6.

Click on the CAL link and enter the resolution meeting date.

  1. You may enter a meeting ahead of time if it has been scheduled but not yet held. If you are entering a meeting date in the future, click on the blank selection above "Y" in the dropdown box associated with the Held? field.

  2. If you are entering a meeting date for a meeting that was held enter "Y". Enter "N" if the meeting was scheduled but not held.

Step 7.

Take a look at your data to make sure it is accurate.

Step 8.

Click Save.

Step 9.

Click the Case Identifier: [Case No.] link below the Resolution Meeting heading to return to the Case Maintenance screen. Once in Case Maintenance to view resolution meeting information entered clicking on the resolution identifier number. Click Menu to return to the IHO Main Menu.


How to Close a Resolution Period

Once a Resolution Period is created in a case, no further case information (other than Resolution Meeting data) may be entered until the resolution period is closed. For example, extensions may not be entered or a case may not be closed until the Resolution Period Result and Resolution End Date are entered.

A resolution period may be waived or shortened by agreement of both parties. Please see Resolution Period Results for further clarification. Both parties are required to notify the IHO in writing if, at any time, the resolution period is waived. Should the parties fail to notify the IHO of a resolution period waiver the district may request a data change to adjust the Resolution Period End Date to reflect when the IHO received notification and the 45-day timeline began. Please see Getting Started - IHRS Basics: Data Change Requests for more information on submitting requests to change data and Getting Started - Impartial Hearing Process: Timelines for more information on the 45-day timeline.

The resolution period may be ended due to an insufficient request. If the IHO is asked to rule on the sufficiency of a request and deems the request insufficient the case may either be closed or the IHO may allow the parent a specified amount of time to revise (amend) the request. If a revised request is submitted, and an amended date is entered in IHRS, a new resolution period is created in the case. Please see Maintaining a Case: Amendments for more information regarding amending a request.

Steps to Enter a Resolution Period End Date and Result

Step 1.

Log onto IHRS

Resolution Period Data Entry screen

Step 2.

Find and open the specific case you wish to add resolution period information.

Step 3.

Scroll down to the Resolution Periods heading.

Step 4.

Click on the Resolution Period Identifier number you wish to edit (there should only be one resolution period assigned unless the case is parent-initiated and is amended).

Step 5.

Check that all Resolution Meeting information has been entered. Please see Steps to Enter a Resolution Meeting for further instructions.

A Resolution Period can not be closed until all Resolution Meeting information is entered except when the Resolution Period Result is:

  • Request Withdrawn

  • Continue Mediation - Hearing Timeline On Hold

  • Waived By Both Parties - Entire Period

Note: Selecting Resolution Period Results Written Settlement Agreement and Request Withdrawn will close the Resolution Period and the case after which no further information may be entered. Enter all resolution meeting information before selecting these Resolution Period Results.

Resolution Period Results List
 

Step 6.

Click the CAL button and enter the Resolution Period End Date.

  1. You may enter a meeting ahead of time if it has been scheduled but not yet held. If you are entering a meeting date in the future, click on the blank selection above "Y" in the dropdown box associated with the Held? field.

  2. If you are entering a meeting date for a meeting that was held enter "Y". Enter "N" if the meeting was scheduled but not held.

Step 7.

Click on the List button next to the Resolution Period Result field and select a Resolution Period Result. Please see the Resolution Period Results chart in this section for more information on Resolution Period Results.

Step 8.

Take a look at your data to make sure it is accurate.

Step 9.

Click Save.

Step 10.

A "Success!" message appears at the top of the screen indicating that the resolution period data has been successfully entered. If this does not occur, the resulting error message will provide guidance about next steps.

Note: If you do not receive either a "Success" message or a resulting error message click Refresh on your browser's tool bar to confirm your data was entered.

Step 11.

Click on the Case Identifier: [Case No.] link at the top of this screen to return to the Case Maintenance screen or click on Menu to return to the IHRS Main Menu.

Resolution Period Results

Resolution Period Results

Description

Continue Mediation - Hearing Timeline On Hold

At the end of the 30-day resolution period both parties have agreed in writing to continue mediation and delay the beginning of the impartial hearing.

Partial Agreement - Proceed to Hearing

The district and the parent(s) have come to an agreement on at least one issue, the remaining issue(s) proceeds to hearing. An issue decision of "settled in resolution session" is entered in the Case Issues section. Please see Maintaining a Case: Case Issues for more information.

Proceed To Expedited Hearing - 15 Days Elapsed

The parties have not reached an agreement and the 15 calendar day resolution period for the expedited case has elapsed.

Request Withdrawn

The party who initiated the hearing has withdrawn the request. There is written documentation of the withdrawal. Choosing this selection will automatically close the case as "Withdrawn" on the date entered for the Resolution Period End Date. See also, Closing a Case: How to Close a Case for more information on closing a case.

Waived By Both Parties - Entire Period

The district and the parent(s) agree to waive the entire resolution period and begin the hearing process immediately. This may occur within two calendar days of the beginning of the resolution period.

Waived By Both Parties - Remainder Of Period

The district and the parent(s) agree to waive the remainder of the resolution period and begin the hearing process immediately. This may occur after two calendar days of the beginning of the resolution period and before the resolution period compliance date.

Proceed To Impartial Hearing - 30 Days Elapsed

The 30 calendar day resolution period has elapsed or the district is unable to obtain the participation of the parents in the resolution meeting and the 30 calendar day resolution period has elapsed. In the latter situation the district may request the IHO dismiss the case due to lack of parent participation; if dismissed, the district will enter the dismissal date as the case close date and "Dismissed at School District Request" as the case closure type. See also, Closing a Case: How to Close a Case for more information on how to close a case.)

Proceed To Impartial Hearing At Parent Request

The district failed to hold a resolution meeting within 15 days of receipt of the request and the parent requested the IHO begin the impartial hearing immediately.

Written Settlement Agreement

The district and the parent(s) have reached a written and signed settlement agreement within the 30-day resolution period. The IHO will not render a written decision. Choosing this selection will automatically close the case as "Settled" on the date entered for the Resolution Period End Date (provided the issue decision Settled in Resolution period is entered). See also, Closing a Case: How to Close a Case for more information.

 

Troubleshooting Checklist:

Troubleshooting Checkmark

When updating or closing a Resolution Period, did you:

 

Enter the Resolution Period End Date and Result to close a Resolution Period?

 

Check to ensure the Resolution Period End Date is within the Resolution Start Date and Compliance Date range?

 

Enter a Case Issue Type if entering a Resolution Period Result of "Written Settlement Agreement"?

 

Enter at least two Case Issue Types if entering a Resolution Period Result of "Partial Agreement - Proceed To Hearing"?

 

Indicate whether a Resolution Meeting was held or not? (A Resolution Period can not be closed until all Resolution Meeting information is entered except on the occasions when the Resolution Period Result is "Request Withdrawn", "Continue Mediation - Hearing Timeline On Hold" or "Waived By Both Parties - Entire Period".)

 

Check to ensure that the resolution meeting date entered falls within the Resolution Period Start Date and Compliance Date range?

 

Check to ensure all Resolution Meeting information has been entered before entering a Resolution Period Result of "Request Withdrawn" or "Written Settlement Agreement?" These results will close the Resolution Period and the case, after which no further information may be entered.