Section C – Due Process Procedures
Due process, under the IDEA, is the main vehicle for resolving disputes between parents of children with disabilities and LEAs concerning identification, evaluation, placement or provision of FAPE. 34 C.F.R. 300.511 The IDEA requires the opportunity for a parent or a public agency to present a complaint with respect to any matter relating to the identification, evaluation, or educational placement or provision of FAPE. 34 C.F.R. 300.507(a)
A child who has reached the age of majority may file a due process complaint in his/her own name.
Under the 2006 regulation at 34 C.F.R. 300.511(e) , a party must file a due process complaint within two years of the date it knew or should have known about the alleged action that forms the basis of the complaint. The party initiating the due process complaint must provide a copy of the complaint to the other as well as the Office of Administrative Hearings (OAH). The complaint must include the following: 1. The name of the student, the stu dent’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)
Chapter 7 – Procedural Safeguards, Desert/Mountain SELPA
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As of 03/15/2013
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