Policy – Category 1000 (Community Relations) BP 1001 – Procedural Safeguards
A due process complaint shall be deemed sufficient unless the party receiving it notifies OAH in writing that the complaint does not meet the requirements. This must be done within 15 days of receiving the complaint. Then, within five days of receipt of the notice of insufficiency, OAH must make a determination as to whether the complaint is sufficient or not ( Title 34 of the Code of Federal Regulations § 300.508(d)(1) ).
A party may amend a due process complaint for only two reasons: 1. The other party consents in writing to the amended complaint or
2. OAH grants permission for the amended complaint. Due process timelines start over with an amended complaint. Timelines for due process begin when the party named in the complaint receives the complaint from the filer. A response to a due process complaint must be sent to OAH within 10 days of receiving it. The response must address the issues raised in the complaint by the complainant ( Title 34 of the Code of Federal Regulations § 300.508(f) ). NOTE: The IDEA 2004 Reauthorization made significant changes to the (1) timelines for filing a due process complaint, (2) procedures for amending the complaints, and (3) rules regarding the sufficiency of the complaint notice, see Title 20 of the United States Code § 1415(b) and (f) . Title 20 of the United States Code § 1415(f)(3)(C), as amended, specifies that a due process complaint must be filed within two years of the date that the parent/guardian or Charter LEA knew or should have known about the situation that forms the basis of the complaint. However, federal regulations at Title 34 of the Code of Federal Regulations § 300.662 , set a different timeline and require a one-year statute of limitations for filing a complaint. As amended by AB 1662 (Ch. 653, Statutes of 2005), Education Code § 56500.2 reflects the federal regulations and states that a complaint must be filed within one year of the alleged violation. It is likely that federal regulations will be amended to clarify the inconsistency. In the meantime, Charter LEAs should consult with legal counsel as to the appropriate timeline. Title 20 of the United States Code § 1415(c)(1) requires the Charter LEA to provide the following notice upon receipt of the due process complaint. The due process procedure consists of a series of steps ending with a hearing if needed. • Step 1 – Resolution Mandatory ( Title 34 of the Code of Federal Regulations § 300.510 ) The Charter LEA is required to convene a meeting with the parents and relevant members of the IEP team who have specific knowledge of the facts identified in the complaint. The resolution session:
BP 1001 – Procedural Safeguards
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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