State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-109_7

§ 115C‑109.7. Resolution session.

(a)        Within 15 days ofreceiving notice of the parent's petition filed under G.S. 115C‑109.6 andbefore the opportunity for an impartial hearing, the local educational agencyshall convene a meeting with the parent and the relevant members of the IEPTeam who have specific knowledge of the facts identified in the petition. Thismeeting shall include a representative of the agency who has decision‑makingauthority on behalf of that agency and may not include an attorney of the localeducational agency unless the parent is accompanied by an attorney. If theparent plans to be accompanied by an attorney under this section, the parentmust give prior written notice of this fact to the agency. The purposes of themeeting are (i) for the parent to have an opportunity to discuss the petitionand the facts that form the basis of the petition and (ii) for the localeducational agency to have the opportunity to resolve the dispute.

(b)        The parent and thelocal educational agency jointly may agree in writing to waive the meetingunder subsection (a) of this section or to use the mediation process describedin G.S. 115C‑109.4.

(c)        If the localeducational agency does not resolve the dispute to the satisfaction of theparents within 30 days of the agency's receipt of the petition, the impartialhearing under G.S. 115C‑109.6 may occur and all of the applicabletimelines for that hearing shall commence.

(d)        If a resolution isreached to resolve the dispute at a meeting under subsection (a) of thissection, the parties shall execute a legally binding agreement that is:

(1)        Signed by both theparent and a representative of the local educational agency who has theauthority to bind the agency;

(2)        Enforceable in anyState administrative forum provided for in IDEA, any State court of competentjurisdiction, or in a district court of the United States; and

(3)        Filed with theperson designated by the State Board to receive notices and with the Office ofAdministrative Hearings.

(e)        If the parties executean agreement under subsection (d) of this section, either party may void theagreement by providing written notice within three business days of theagreement's execution to the person designated by the State Board to receivenotices, the Office of Administrative Hearings, and the other party.Notwithstanding subsection (c) of this section, upon receipt of this notice,the impartial hearing under G.S. 115C‑109.6 may occur and all of theapplicable timelines for that hearing shall commence. (1973, c. 1293, s. 10; 1975,c. 151, ss. 1, 2; c. 563, ss. 8, 9; 1975, 2nd Sess., c. 983, ss. 79, 80; 1981,c. 423, s. 1; c. 497, ss. 1, 2; 1983, c. 247, s. 6; 1985, c. 412, s. 2; 1987,c. 827, s. 1; 1987 (Reg. Sess., 1988), c. 1079, s. 1; 1989, c. 362; 1989 (Reg.Sess., 1990), c. 1058; 1991, c. 540, s. 1; 1991 (Reg. Sess., 1992), c. 1030, s.27; 1993, c. 270, s. 1; 1997‑115, s. 1; 2006‑69, s. 2.)