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PROCEDURAL SAFEGUARDS NOTICE

IV.  DUE PROCESS COMPLAINT PROCEDURES

A.

HOW CAN I REQUEST A DUE PROCESS HEARING?

1.

Filing a Due Process Complaint (34 CFR §300.507)

General

You or the LEA may file a due process complaint on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation or educational placement of your child, or the provision of FAPE to your child.

The due process complaint must allege a violation that occurred not more than two years before the date you or the LEA knew or should have known about the alleged action that forms the basis of the due process complaint.

The above timeline does not apply to you if you could not file a due process complaint within the timeline because:

1.

The LEA specifically misrepresented that it had resolved the issues identified in the complaint; or

2.

The LEA withheld information from you that was required to be provided to you under Part B of the IDEA.

Information for parents

The LEA must inform you of any free or low-cost legal and other relevant services available in the area if you request the information, or if you or the LEA file a due process complaint.

B.

CONTENTS OF DUE PROCESS COMPLAINT (34 CFR §300.508)

1.

General

In order to request a hearing, you or the LEA (or your attorney or the LEA’s attorney) must submit a due process complaint to the other party. That complaint must contain all of the content listed below and must be kept confidential. At the same time you or the LEA – whichever filed the complaint – provides the due process complaint to the other party, a copy must be filed with the Office for Dispute Resolution (ODR).

2.

Content of the complaint

The due process complaint must include:

a.

The name of the child;

b.

The address of the child’s residence;

c.

The name of the child’s school;

d.

If the child is a homeless child or youth, the child’s contact information and the name of the child’s school;

e.

A description of the nature of the problem of the child relating to the proposed or refused action, including facts relating to the problem; and

f.

A proposed resolution of the problem to the extent known and available to you or the LEA at the time.

3.

Notice required before a hearing on a due process complaint

You or the LEA may not have a due process hearing until you or the LEA (or your attorney or the LEA’s attorney), files a due process complaint that includes the information listed above.

4.

Sufficiency of complaint

In order to proceed to a due process hearing, the complaint must be considered sufficient. The due process complaint will be considered sufficient (to have met the content requirements above) unless the party receiving the due process complaint (you or the LEA) notifies the hearing officer and the other party in writing, within 15 calendar days of receiving the complaint, that the receiving party believes that the due process complaint does not meet the requirements listed above.

Within five calendar days of receiving the notification the receiving party (you or the LEA) considers a due process complaint insufficient, the hearing officer must decide if the due process complaint meets the requirements listed above, and notify you and the LEA in writing immediately.

11July 2008 Revisions

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