Page:United States Statutes at Large Volume 118.djvu/2751

 118 STAT. 2721 PUBLIC LAW 108–446—DEC. 3, 2004 convene a meeting with the parents and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in the complaint— ‘‘(I) within 15 days of receiving notice of the parents’ complaint; ‘‘(II) which shall include a representative of the agency who has decisionmaking authority on behalf of such agency; ‘‘(III) which may not include an attorney of the local educational agency unless the parent is accompanied by an attorney; and ‘‘(IV) where the parents of the child discuss their complaint, and the facts that form the basis of the complaint, and the local educational agency is provided the opportunity to resolve the com plaint, unless the parents and the local educational agency agree in writing to waive such meeting, or agree to use the mediation process described in subsection (e). ‘‘(ii) HEARING.—If the local educational agency has not resolved the complaint to the satisfaction of the parents within 30 days of the receipt of the complaint, the due process hearing may occur, and all of the applicable timelines for a due process hearing under this part shall commence. ‘‘(iii) WRITTEN SETTLEMENT AGREEMENT.—In the case that a resolution is reached to resolve the com plaint at a meeting described in clause (i), the parties shall execute a legally binding agreement that is— ‘‘(I) signed by both the parent and a represent ative of the agency who has the authority to bind such agency; and ‘‘(II) enforceable in any State court of com petent jurisdiction or in a district court of the United States. ‘‘(iv) REVIEW PERIOD.—If the parties execute an agreement pursuant to clause (iii), a party may void such agreement within 3 business days of the agree ment’s execution. ‘‘(2) DISCLOSURE OF EVALUATIONS AND RECOMMENDA TIONS.— ‘‘(A) IN GENERAL.—Not less than 5 business days prior to a hearing conducted pursuant to paragraph (1), each party shall disclose to all other parties all evaluations completed by that date, and recommendations based on the offering party’s evaluations, that the party intends to use at the hearing. ‘‘(B) FAILURE TO DISCLOSE.—A hearing officer may bar any party that fails to comply with subparagraph (A) from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party. ‘‘(3) LIMITATIONS ON HEARING.— ‘‘(A) PERSON CONDUCTING HEARING.—A hearing officer conducting a hearing pursuant to paragraph (1)(A) shall, at a minimum— ‘‘(i) not be— Deadline. Deadline. Deadline.

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