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A due process is guided by the Federal Law of IDEA (The Individuals with Disabilities Education Act) to protect parents’ rights. A due process complaint is a written document used to request a due process hearing. Parents might file a due process complaint when they disagree with the results of their child’s evaluation for eligibility determination on special education and related services; when they think the child’s IEP doesn’t meet his or her special education and related service needs; when they believe the school is not providing the services included in their child’s IEP; or when they disagree with the school district’s placement decision for their child.
After a due process complaint is filed, parents and the school district should have a resolution meeting or choose a mediation option instead of having a resolution meeting. Otherwise, a due process hearing, which is a more formal, legal process, should occur and a hearing officer decides the outcome.
For more information:
- IDEA Special Education Due Process Complaints/Hearing Requests (Including Expedited Hearing Requests): A Guide for Parents of Children & Youth (Ages 3-21) (View PDF)