Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 28
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44The 45-calendar-day timeline for issuing a final due process decision begins 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 division 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 division is not able to
obtain your participation in the resolution meeting, the school division may, at the end of the 30-
calendar-day resolution period, request that a hearing officer dismiss your request for due
process. Documentation of such efforts must include a record of the school division’s attempts
to arrange a mutually agreed upon time and place, such as:
Detailed records of telephone calls made or attempted and the results of those calls;
Copies of correspondence sent to you and any responses received; and
Detailed records of visits made to your home or place of employment and the results of those
visits.
If the school division fails to hold the resolution meeting within 15 calendar days of receiving
notice of your request for due process or fails to participate in the resolution meeting, you may
ask a hearing officer to order that the 45-calendar-day due process hearing timeline begin.
Adjustments to the 30-Calendar-Day Resolution Period
If you and the school division 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 division 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 division 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 division withdraws from the
mediation process, then the 45-calendar-day timeline for the due process hearing starts the next
day.
Written Settlement Agreement
If a resolution to the dispute is reached at the resolution meeting, you and the school division
must enter into a legally binding agreement that is:
1. Signed by you and a representative of the school division who has the authority to bind
the school division; and
2. Enforceable in any state court of competent jurisdiction (a State court that has authority
to hear this type of case) or in a Federal District Court .
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