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(6.45) If I filed for due process and went through OAH mediation but could not settle my case, and the district approaches me to try to settle before the hearing (but outside of OAH mediation), what should I do?

(6.45) If I filed for due process and went through OAH mediation but could not settle my case, and the district approaches me to try to settle before the hearing (but outside of OAH mediation), what should I do?

Generally, agreements which are made outside of due process, including OAH mediation, are not recommended. The hearing office does not enforce these agreements. The CDE is required to enforce IEPs, mediation agreements and due process hearing decisions. It has expressed its willingness to enforce other settlement agreements, but it has not officially published this willingness in any regulation, advisory, or notice. If a district intends to comply with the terms of an agreement, it should be willing to put the terms in an OAH mediation agreement or in an IEP. However, if the district makes a settlement offer after the mediation conference and you agree with its terms, you may consider signing it after having it reviewed by an advocate or attorney. While this type of agreement is enforceable, you may have to go to court to enforce it.