Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 27

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If the request for due process involves an application for initial services under Part B of the
IDEA for a child who is transitioning from being served under Part C of the IDEA to Part B of
the IDEA and who is no longer eligible for Part C services because the child has turned three, the
school division is not required to provide the Part C services that the child has been receiving.
If the child is found eligible under Part B of the IDEA and you consent for your child to receive
special education and related services for the first time, then, pending the outcome of the
proceedings, the school division must provide those special education and related services that
are not in dispute (those which you and the school division both agree upon). Part C is the
section of IDEA that relates to infant and toddlers. In Virginia, children with disabilities are age
eligible from 2 through 21 for Part B services.
R
P
ESOLUTION
ROCESS
Before a due process hearing is held, you have the right to meet with school
staff to discuss the issues in your due process case, and to try to resolve your
concerns. However, you and the school division can agree that you both do
not want a resolution meeting, or you can both agree to use mediation.
Resolution meeting
Within 15 calendar days of receiving notice of your request for due process, and before the due
process hearing begins, the school division must convene a meeting with you and the relevant
member or members of the Individualized Education Program (IEP) Team who have specific
knowledge of the facts identified in your request for due process. The meeting:
1. Must include a representative of the school division who has decision-making authority
on behalf of the school division; and
2. May not include an attorney of the school division unless you are accompanied by an
attorney.
The purpose of the meeting is for you to discuss your request for due process, and the facts that
form the basis of the request, so that the school division has the opportunity to resolve the
dispute.
The resolution meeting is not necessary if:
1. You and the school division agree in writing to waive the meeting; or
2. You and the school division agree to use the mediation process, as described under the
heading Mediation.
Resolution Period
If the school division has not resolved the request for due process to your satisfaction within 30
calendar days of the receipt of your request for due process (during the time period for the
resolution process), the due process hearing may occur.
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