Under IDEA ‘04, a written, signed resolution agreement is enforceable in state or federal court. IDEA ‘04 also allows states to use other mechanisms to seek enforcement of a written resolution agreement, provided that the use of those mechanisms is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in state or federal court.

Proposed Article 7 allows parties to a resolution agreement to enforce their agreement through Article 7’s complaint process. However, use of the complaint process is not mandatory and does not delay or deny a party the right to seek enforcement of the written agreement in a state or federal court.

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