PROCEDURAL SAFEGUARDS NOTICE
You or the LEA may make changes to the complaint only if:
The other party approves of the changes in writing and is given the chance to resolve the due process complaint through a resolution meeting, described below;
At any time, but no later than five days before the due process hearing begins, the hearing officer grants permission for the changes.
If the complaining party (you or the LEA) makes changes to the due process complaint, the timelines for the resolution meeting (within 15 calendar days of receiving the complaint) and the time period for resolution (within 30 calendar days of receiving the complaint) start again on the date the amended complaint is filed.
LEA response to a due process complaint
If the LEA has not sent a prior written notice to you, as described under the heading Prior Written Notice, regarding the subject matter contained in your due process complaint, the LEA must, within 10 calendar days of receiving the due process complaint, send to you a response that includes:
An explanation of why the LEA proposed or refused to take the action raised in the due process complaint;
A description of other options that your child’s IEP Team considered and the reasons why those options were rejected;
A description of each evaluation procedure, assessment, record, or report the LEA used as the basis for the proposed or refused action;
A description of other factors that are relevant to the LEA’s proposed or refused action.
Providing the information in items 1-4 above does not prevent the LEA from asserting that your due process complaint was insufficient.
Other party response to a due process complaint
Except as stated under the sub-heading immediately above, LEA response to a due process complaint, the party receiving a due process complaint must, within 10 calendar days of receiving the complaint, send the other party a response that specifically addresses the issues in the complaint.
Within 15 calendar days of receiving notice of your due process complaint, and before the due process hearing begins, the LEA must convene a meeting with you and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in your due process complaint. The meeting:
Must include a representative of the LEA who has decision-making authority on behalf of the LEA;
May not include an attorney of the LEA unless you are accompanied by an attorney. You and the LEA determine the relevant members of the IEP Team to attend the meeting. The purpose of the meeting is for you to discuss your due process complaint, and the facts that form the basis of the complaint, so that the LEA has the opportunity to resolve the dispute.
The resolution meeting is not necessary if:
You and the LEA agree in writing to waive the meeting;
You and the LEA agree to use the mediation process, as described under the heading Mediation.
If the LEA has not resolved the due process complaint to your satisfaction within 30 calendar days of the receipt of the due process complaint (during the time period for the resolution process), the due process hearing may occur.
The 45-calendar day timeline for issuing a final decision begins at the expiration of the 30-calendar day resolution period, with certain exceptions for adjustments made to the 30-calendar day resolution period, as described below.
Except where you and the LEA have both agreed to waive the resolution process or to use mediation, your failure to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until you agree to participate in a meeting. If after making reasonable
12July 2008 Revisions