A resolution meeting is usually a meeting between a student`s parents and county representatives, which includes a person on the MYP team who has specific knowledge of the facts involved in the dispute and someone who has the authority to make a decision on behalf of the district. A resolution session is required if a student`s parents request a regular hearing. It is not necessary if the district requests due process. The district must hold a conciliation meeting within 15 days of receiving a student`s complaint. The student applied for a due process hearing on December 5, 2008. On 22 January 2009, the OAH acceded to the parties` request to continue the proceedings. The case was heard at the end of the hearing on 19 February 2009. 2 c) written expression – organization and orientation (independent creation of a graphic organizer or idea sketch in the pre-writing process); 2. Between August 3, 2007 and November 7, 2008, did the District not provide FAPE and/or violate the Education for Persons with Disabilities Act (IDEA) by failing to offer individual educational therapy in Big Springs Murrieta, two 50-minute sessions per day that would have been suspended if written in an Individualized Education Program (IEP) and not in a «Settlement Agreement»? 4 10 Even if, apart from the language of the regulation, the circumstances of the signing of the regulation were to be addressed, there is no reason to believe that the individual services in Big Springs were intended to serve as permanent accommodation for the student. In determining the student`s «then-ongoing» placement for the purposes of the suspension in this case, the next question is whether the parties intended for the settlement agreement, and in particular the individual education services in Big Springs, to become the student`s stay.
9 Re: Your question about the Big Springs IEP offering: I don`t know if the district IEP team members agree with this placement or not. The IAP will make that decision. I will turn to the part of the discussion devoted to the Rules of Procedure. In general, the following applies: Program specialists and IEP members from the school location make fape offers through the IEP and I take care of settlement agreements. 8. The student believes that the district violated IDEA by using a settlement agreement as a means of providing Big Springs education services to the student if no due process complaint was filed instead of providing those services through the IEP process. The student states that the district did this to circumvent the IEP process and that not providing these services through the IAP process prevented parents from meaningfully participating in the development of an IEP. 48. A special education settlement agreement is considered a contract. (See e.B. D.R.c. East Brunswick Board of Education (3d Cir.
1997) 109 F.3d 896, 898.) In California, contracts are interpreted based on the principles set forth in the Civil Code. (Code Civ., § 1635.) These legal principles require that a contract «be interpreted.» to give effect to the mutual intention of the parties, as it existed at the time of the conclusion of the contract, in so far as it is established and lawful. (Code Civ., § 1636.) If the wording of the contract is clear and explicit, that wording governs its interpretation. (Code Civ., § 1638.) If a contract is reduced to writing, the intention of the parties must be determined, if possible, solely on the basis of the letter […].
