Policy – Category 1000 (Community Relations)
BP 1001 – Procedural Safeguards
Due Process Hearing Deadlines Complaint: Filed by student or district 34 C.F.R. § 300.5081
10 DAYS AFTER RECEIPT OF COMPLAINT 1. Response: District’s response to allegations due. § 300.508 2. PWN: If district has not given parent Prior Written Notice (“PWN”) under § 300.503 , it must do so now. § 300.508 15 DAYS AFTER RECEIPT OF COMPLAINT 1. NOI and Motion to Dismiss: Notice of Insufficiency (“NOI”) due. § 300.508 2. Resolution Meeting Offered: Parents, relevant members of IEP team, and decision-maker must attend, but no district attorney unless parent brings attorney. Alternatively, parties may agree in writing to waive resolution meeting and mediate instead. § 300.510 a) Settlement: If a resolution is reached, parties must draft agreement, but either party may void it within three business days. § 300.501 11 DAYS BEFORE HEARING (i.e., “more than 10 days before the proceeding begins”) 1. Statutory Offer: May be provided to opposing counsel. If parties litigate and parent receives less than the statutory offer, parent is not entitled to attorney’s fees accrued after the statutory offer. 20 USC § 1415 (i)(3)(D) & (F); § 300.518
10 DAYS BEFORE HEARING 1. Hearing Brief: Optional per pre-hearing order but no more than 10 pages.
5 BUSINESS DAYS BEFORE THE HEARING 1. NPW and List of Doc Evidence Notice of Potential Witnesses (“NPW”) and List of Documentary Evidence must be served on opposing party. § 300.512 5 CALENDAR DAYS BEFORE HEARING 1. Amended Complaint: A party may amend if: (1) the other party consents in writing or (2) the hearing officer grants permission to amend but no less than five days before the hearing. § 300.508(d)
90 DAYS FROM DATE OF DECISION 1. An aggrieved party may appeal the decision to state or federal court. § 300.515
1 All further statutory references are to 34 Code of Federal Regulations unless otherwise noted.
BP 1001 – Procedural Safeguards
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Desert Mountain Special Education Local Plan Area (DMSELPA) (rev. 03/13)
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