No. Under section 615(f)(1)(B) of the IDEA and 34 CFR § 300.510(a), within 15 days of receiving notice of the parent’s due process complaint, and prior to the initiation of a due process hearing under 34 CFR § 300.511, the LEA must convene a meeting with the parent and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in the due process complaint. As stated above, “day” means calendar day unless otherwise indicated as business day or school day. Absent an agreement under 34 CFR § 300.510(a)(3) not to hold the meeting because the parent and the LEA agree in writing to waive the meeting, or the parent and the LEA agree to use the mediation process described in 34 CFR § 300.506, the LEA is obligated to schedule and hold the resolution meeting within 15 days of receiving the notice of the parent’s due process complaint. Therefore, it would be inconsistent with IDEA and its implementing regulations for the State to adopt a regulation that allows suspension of the timeline for convening a resolution session when the SEA receives a complaint shortly before or during an LEA’s winter break.
FAQ from the OSEP Update email from November 2019
