Special Education Due Process Complaints -
The Resolution Process
A parent may file a due process complaint (DPC) on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation, or educational placement of their child, or the provision of a free, appropriate public education (FAPE) to their child. Before that DPC goes forward to a hearing, parents and a representative from New York City Public Schools (NYCPS) have an opportunity to engage in a resolution process to have open dialogue and try to address the issues raised in the DPC in a non-adversarial way.
In most cases, this resolution process should take place in the 30-calendar-day period after the date of filing of the DPC; this is called the “Resolution Period.” For expedited DPCs about manifestation determination reviews (MDRs) or changes in a student’s placement because of discipline, the Resolution Period is a shorter period of only 14 calendar days. During the first half of the Resolution Period (15 or 7 calendar days, depending on case type) the law requires NYCPS to schedule a resolution meeting with parents so that NYCPS and the parents can attempt to resolve the issues in the DPC. This outreach from the DOE will be made by a Resolution Case Manager (RCM). An RCM is a staff member who represents NYCPS in the resolution process. The resolution meeting takes place between the RCM and the parent (and the parent’s attorney, or advocate, if they have one) to discuss the facts that form the basis of the complaint and determine whether any issues in a DPC can be resolved. NYCPS has given the RCM decision-making authority on behalf of NYCPS to negotiate and reach certain types of resolution agreements with the parent concerning some issues that may be raised in the parent’s DPC.
RCMs will reach out to a parent or the parent’s attorney to schedule the resolution meeting by telephone or e-mail. (If parent has not provided a phone number or e-mail address to NYCPS, parent may be contacted by mail.) Even if a meeting has not been held within 15 days, the RCM will attempt to schedule a meeting as soon as possible. If a resolution meeting cannot be scheduled within 15 days or during the 30-day Resolution Period, a parent may request to move forward with a due process hearing, and the hearing process will begin. The RCM may attempt to resolve the case outside the Resolution Period, but parent is not required to cooperate with these efforts if they are not interested in resolving the case.
In some cases, rather than attempting to schedule a resolution meeting, the RCM may provide a written rapid resolution offer. The RCM will send the parent (and their attorney or advocate, if they have one) an offer via email describing the relief that they are offering to resolve some or all of the issues raised in the parent’s complaint. This might include an offer to schedule an IEP meeting/reconvene or an evaluation, an authorization for an independent evaluation, or an authorization for compensatory services. The written offer will also include instructions for how the parent can respond to accept or decline the resolution.
The IDEA requires parents to cooperate with resolution attempts and to personally participate in the resolution meeting or respond to resolution offers. If NYCPS tries to schedule a meeting during the Resolution Period and parent does not respond or does not participate, NYCPS can seek to have the DPC dismissed. If parent is represented by an attorney or advocate in connection with the DPC, parent may include that representative in the meeting or correspondence with the RCM, but their participation will not relieve parent of their obligation to participate. NYCPS is not permitted to involve an attorney in the resolution meeting unless parent has an attorney participating on their behalf.
DPCs may be resolved in whole or in part. If all issues in the parent’s complaint are resolved, that is referred to as a “full resolution.” Where a full resolution is reached during the resolution period, and a resolution agreement is signed, the RCM will upload the agreement to the impartial hearing case management system and the case will close. If the resolution agreement is signed after the resolution period has ended, the RCM will notify the assigned Impartial Hearing Officer that an agreement has been reached, provide the Impartial Hearing Officer with a copy of the signed resolution agreement, and the parent must withdraw the DPC with the Impartial Hearing Officer. If only some issues in the parent’s complaint are resolved, that is referred to as a “partial resolution.” The parties may engage in mediation to resolve the remaining issues, or the impartial hearing will proceed on the unresolved issues that remain in the due process complaint. Partial resolution agreements will also be uploaded to the impartial hearing case management system, so that the Impartial Hearing Officer is aware of the unresolved issues proceeding to litigation.
In some cases, NYCPS may determine that it is not possible to offer resolution to a parent and waive resolution. If the parent also agrees to waive resolution, that ends the 30-day Resolution period, and the Impartial Hearing Officer will be notified that the case must proceed to litigation, and the hearing process begins.
Parents with limited English proficiency may request an interpreter at the resolution meeting.
If you have issues with a resolution, please try to resolve it directly with the staff assigned to your case. But if you are unable to resolve by discussing with RCM handling your case, Director of Special Education or Committee on Special Education (CSE) leadership, or you need urgent help, you can also escalate problems to DPCResolutionConcerns@schools.nyc.gov.