(1) The Office 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 Office of Public Instruction, Legal Services, 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, prior to or immediately following the filing of a formal administrative complaint as that term is defined in 34 CFR 300.662 (as distinguished from a request for due process) , a parent or guardian must allow the Office of Public Instruction 15 business days from the day it receives written notification of the intent to file a complaint to contact the school district and the parent or guardian to attempt to resolve the problem through the early assistance program.

(5) After the expiration of 15 business days, the parent or guardian may file a formal complaint at any time using a form provided by the Office of Public Instruction. If a complaint has already been filed, there is no need for a new complaint on an Office of Public Instruction form. All procedural rights apply. If the parent or guardian chooses not to file a formal complaint, the Office of Public Instruction, the school district and the parent or guardian will continue to attempt to resolve the problem through the early assistance program.

(6) The services offered under this program are available in all circumstances where there is a possibility for mutual resolution. If the Office of Public Instruction decides that any attempt to mutually resolve the complaint would be futile, the compliance officer shall proceed as if 15 business days had expired without resolution of the dispute.