Policy – Category 1000 (Community Relations)
BP 1001 – Procedural Safeguards
1. The name of the student, the student’s address and the name of the school the student is attending.
2. A description of the nature of the problem of the student relating to such proposed initiation or change concerning the identification, evaluation, or educational placement of the child or the provision of FAPE, including facts relating to such problem.
3. A proposed resolution of the problem to the extent known and available to the party at the time. 34 C.F.R. § 300.508(b)
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 [ 34 C.F.R. § 300.508(d)(1)]. This must be done within 15 days of receiving the complaint [ 34 C.F.R. § 300.508(d)(1) ]. 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.
A party may amend a due process complaint only for two reasons:
1. The other party consents in writing to the amended complaint.
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.
The response to a due process complaint must be sent within 10 days of receiving it. The response must address the issues raised in the complaint. 34 C.F.R. § 300.508(f)
The due process procedure consists of a series of steps ending with a hearing if needed.
• Step 1 - Resolution [ 34 C.F.R. § 300.510 ] Mandatory
The 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:
a. must take place within 15 days of the LEA receiving notice of t he parent’s complaint [ 34 C.F.R. § 300.510(a)(1) ]
b. must include a district representative who has decision-making authority [ 34 C.F.R. § 300.510(a)(1)(i) ]
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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