(1) The Superintendent of Public Instruction shall provide an ongoing and systematic informal dispute resolution process referred to as the "Early Assistance Program."

(2) A parent, guardian, adult student, school district, or their representative may request early assistance in any issue related to a student's free appropriate public education. The Early Assistance Program does not require formal, written application; however, request for early assistance may be made in writing to the Superintendent of Public Instruction, Legal Division, P.O. Box 202501, Helena, MT 59620-2501. There is no pre-established procedure that must be followed.

(3) The Early Assistance Program focuses on substance -- the quick resolution of problems of mutual concern to all parties. It is not based on the model of an impartial third party resolving a legal dispute between parties with conflicting goals or interests. It is, however, based on the goal of ensuring the delivery of a free appropriate public education. The Early Assistance Program draws on the traditional model of parents and schools working cooperatively to achieve their shared goal of meeting the educational needs of the student with disabilities.

(4) As stated in ARM 10.16.3662, immediately following the filing of a formal administrative complaint as referenced in 34 CFR 300.151 through 300.153 (as distinguished from a request for due process), a parent or guardian and the local educational or public agency may to allow the Superintendent of Public Instruction, through the Early Assistance Program, 15 business days from the day it receives the written complaint to attempt to resolve the problem through the Early Assistance Program. Pursuant to 34 CFR 300.152(b)(1)(ii) these 15 business days shall not be counted as part of the 60 day complaint resolution timeline.

(5) The services offered under this program are available in all circumstances where there is a possibility for resolution. If the Early Assistance Program manager decides that any attempt to mutually resolve the complaint would be futile, the compliance officer shall proceed according to the procedures and timelines set forth in 34 CFR 300.151 through 300.153 and ARM 10.16.3662.