Due process complaint
Last updated
A due process complaint is a formal request for a hearing before an impartial officer to resolve a special education dispute between a family and a school.
Topic: IDEA, law and procedure
In plain terms
A parent or a school district can file a due process complaint about identification, evaluation, placement, or whether the child is receiving FAPE. It generally must be filed within two years of when the problem was known, unless the state sets a different limit. Before a hearing, the district usually holds a resolution meeting, and parties can also try mediation.
How it shows up in an IEP
Teachers are not usually parties, but their records often become evidence: IEP drafts, progress reports, service logs and data sheets. Accurate, dated data and documented service minutes protect everyone and keep the focus on the student's needs.
Example
A family disputes whether reading services were delivered. The district's service log and fluency data sheets, kept throughout the year, are reviewed in the resolution meeting.
Not the same as State complaint
A due process complaint leads to a hearing before an officer. A state complaint asks the state education agency to investigate whether the law was violated. Read the definition of State complaint.
The rule
Federal reference: 34 CFR §300.507, 34 CFR §300.510.
Rules vary by state. Check your state's regulations and your district's procedures.
Related terms
- Procedural safeguardsProcedural safeguards are the rights IDEA gives parents and students, and the steps schools must follow, to keep special education decisions fair.
- MediationMediation is a voluntary, confidential process where a trained, impartial mediator helps a family and a school reach agreement on a special education dispute.
- State complaintA state complaint is a signed, written complaint to the state education agency alleging that a school or district violated a requirement of IDEA.
- Stay putStay put is the IDEA rule that a child generally remains in the current educational placement while a due process complaint is pending.
- IEE (Independent Educational Evaluation)An IEE is an evaluation of a child by a qualified examiner who does not work for the school district responsible for the child's education.
On IEP Atlas
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