In our state an agreement reached through the resolution process is enforceable through the state complaint process, as well as state or district court.  Recently, the argument has been made by schools that the agreements they enter into with parents are

In our state an agreement reached through the resolution process is enforceable through the state complaint process, as well as state or district court.  Recently, the argument has been made by schools that the agreements they enter into with parents are not subject to enforcement through the state complaint process because they: 1. Are “settlement agreements” and not “resolution agreements;” 2. Are enforceable in court upon execution as they do not provide that a party may void the agreement within 3 business days of the agreement’s execution; and 3. Were not entered into at the resolution meeting but were drafted by attorneys after the resolution meeting. In those states where agreements to resolve a due process complaint can be enforced by the SEA, have you encountered these arguments?  By trying to make a distinction between settlement and resolution agreements, schools appear to be removing the protections provided to parents that seemed to help level the playing field by prohibiting schools from having their attorney at the resolution meeting, and by providing for a 3 day period for a party to void the agreement.  Here, the school goes to a resolution meeting with a pro se parent; they verbally reach agreement; the school’s attorney then drafts the agreement after the meeting and calls it a settlement rather than a resolution; then the school argues the parent does not have a right to either void the agreement within 3 business days or to seek enforcement through the state complaint process, thereby leaving the pro se parent with judicial enforcement as the only option.