34 C.F.R. 300.510
(b)(4) If the LEA is unable to obtain the participation of the parent
in the resolution meeting after reasonable efforts have been made (and
documented using the procedures in § 300.322(d)), the LEA may,
at the conclusion of the 30-day period, request that a hearing officer
dismiss the parent’s due process complaint.
34 CFR 300.322
300.322 Parent participation.
(a) Public agency responsibility—general. Each public agency must
take steps to ensure that one or both of the parents of a child with
a disability are present at each IEP Team meeting or are afforded the
opportunity to participate, including—
(1) Notifying parents of the meeting early enough to ensure that they
will have an opportunity to attend; and
(2) Scheduling the meeting at a mutually agreed on time and place.
(b) Information provided to parents.
(1) The notice required under paragraph (a)(1) of this section must—
(i) Indicate the purpose, time, and location of the meeting and who will
be in attendance; and
(ii) Inform the parents of the provisions in § 300.321(a)(6) and
(c) (relating to the participation of other individuals on the IEP Team
who have knowledge or special expertise about the child), and § 300.321(f)
(relating to the participation of the Part C service coordinator or other
representatives of the Part C system at the initial IEP Team meeting
for a child previously served
under Part C of the Act).
(2) For a child with a disability beginning not later than the first
IEP to be in effect when the child turns 16, or younger if determined
appropriate by the IEP Team, the notice also must—
(A) That a purpose of the meeting will be the consideration of the postsecondary
goals and transition services for the child, in accordance with § 300.320(b);
(B) That the agency will invite the student; and
(ii) Identify any other agency that will be invited to send a representative.
(c) Other methods to ensure parent participation. If neither parent can
attend an IEP Team meeting, the public agency must use other methods
to ensure parent participation, including individual or conference telephone
calls, consistent with § 300.328 (related to alternative means of
(d) Conducting an IEP Team meeting without a parent in attendance. A
meeting may be conducted without a parent in attendance if the public
agency is unable to convince the parents that they should attend. In
this case, the public agency must keep a record of its attempts to arrange
a mutually agreed on time and place, such as—
(1) Detailed records of telephone calls made or attempted and the results
of those calls;
(2) Copies of correspondence sent to the parents and any responses received;
(3) Detailed records of visits made to the parent’s home or place
of employment and the results of those visits.
(e) Use of interpreters or other action, as appropriate. The public agency
must take whatever action is necessary to ensure that the parent understands
the proceedings of the IEP Team meeting, including arranging for an interpreter
for parents with deafness or whose native language is other than English.
(f) Parent copy of child’s IEP. The public agency must give the
parent a copy of the child’s IEP at no cost to the parent.
(Authority: 20 U.S.C. 1414(d)(1)(B)(i))