The due process timeline is 45 calendar days from the receipt of a complaint for a due process hearing. The timeline does not include time used by a postponement requested by a party or granted by OAH, or time used by the resolution session. Expedited hearings, which involve student discipline, must be held within 20 school days of the receipt of the complaint, and a written decision must be issued within 10 school days after the hearing. A party has the right to appeal the decision to a state or federal court of competent jurisdiction within 90 days of the receipt of the decision, but no later. The hearing is recorded and either party may request a written verbatim transcript of the hearing. Stay Put The stay-put, or status quo, provision of the IDEA acts as an automatic preliminary injunction, p reventing a party from unilaterally changing the student’s program or placement pending the resolution of the due process complaint or judicial action concerning the student’s program or placement. Stay-put is only in effect during due process. 34 C.F.R 300.518(a) Due Process Complaints and General Liability The LEA has the primary responsibility for ensuring that a free appropriate public education (FAPE) is available to students in the LEA who are eligible for special education. The Desert/Mountain SELPA holds no jurisdiction, financially or decision making, over any due process complaints filed against its member LEAs. If named as an individual in a due process complaint filing, the member LEAs agree to dismiss the Desert/Mountain SELPA as a named participant and shall inform other parties of the SELPA role and responsibilities in terms of liability and due process filings.
Chapter 7 – Procedural Safeguards, Desert/Mountain SELPA
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As of 03/15/2013
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