IDEA’s Regulations on Due Process Complaints

September 2012 IDEA's final Part B regulations addressing the due process complaint are found at §§300.507 through 300.509. Word for word, and in their entirety, these regulations read: ______________________________________________ §300.507 Filing a due process complaint. (a) General. (1) A parent or a public agency may file a due process complaint on any of the matters described in §300.503(a)(1) and (2) (relating to the identification, … [Read more...]

The Resolution Process

September 2012 This information in Spanish | Esta información en español IDEA now requires that school systems convene a resolution meeting within 15 days of receiving notice that a parent has filed a due process complaint and before the school system initiates the due process hearing hearing. The resolution process became part of IDEA in its most recent amendments (2004).  The purpose of the resolution meeting is for parents to discuss … [Read more...]

The Resolution Process, in Detail

September 2012This information in Spanish | Esta información en españolMany approaches exist for resolving disputes, including the formal one to be discussed now—the resolution meeting. The resolution process is a key change in IDEA, added in its 2004 reauthorization. What IDEA requires is straightforward:  The LEA must convene a resolution meeting when a parent files a due process complaint. Its purpose is to give the parties the opportunity … [Read more...]

IDEA’s Regulations on the Resolution Process

IDEA's regulations describing the resolution process are found at §300.510. Word for word, and in their entirety, these regulations are: __________________________________ §300.510 Resolution process. (a) Resolution meeting. (1) Within 15 days of receiving notice of the parent’s due process complaint, and prior to the initiation of a due process hearing under §300.511, the LEA must convene a meeting with the parent and the relevant member … [Read more...]

Due Process Hearings

September 2012 This information in Spanish | Esta información en español NICHCY is pleased to offer you the overview below on the due process hearing as a dispute resolution option, which will include the following: Short summary Each party’s rights in the hearing Role of the hearing officer Timelines Can the hearing officer’s decision be appealed? Then go to these two separate pages for the details. These details are important … [Read more...]

The Due Process Hearing, in Detail

September 2012So–we’ve arrived at the due process hearing, a longstanding option within IDEA for resolving disputes between parents and school systems. The two parties may have reached this point after unsuccessfully trying another of IDEA’s options for dispute resolution, or they may have waived those options and gone straight to the due process hearing. Regardless, the clock is now ticking on the timeline for holding a due process hearing … [Read more...]

IDEA’s Regulations on Due Process Hearings

IDEA's final Part B regulations addressing due process hearings begin at §300.311. Word for word, and in their entirety, the regulations read:§300.511 Impartial due process hearing.(a) General. Whenever a due process complaint is received under §300.507 or §300.532, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing, consistent with the procedures in §§300.507, 300.508, and 300.510.(b) … [Read more...]

Subpart E of the Part B Regulations: Procedural Safeguards

These regulations in Spanish | Estas regulaciones en español The current page connects you with IDEA's exact words only, without explanation or commentary. Rather have a summary of IDEA's procedural safeguards? Visit the Parental Rights section of NICHCY's site. Looking for training materials on procedural safeguards? They're ready and waiting for you as Modules 17, 18, and 19 of Building the Legacy, our training curriculum on IDEA 2004. e-CFR … [Read more...]

The Right to Disagree

December 2010 In Spanish | En español Parents have the right to disagree with decisions that the school system makes with respect to their child with a disability. This includes the school's decisions about: the identification of the child as a "child with a disability"; the child's evaluation; the child's educational placement; and the special education and related services that the school provides to the child. In this page, we'll explore this … [Read more...]

Module 18: Options for Dispute Resolution

February 2008 English only slideshow Handouts for Participants in English and in Spanish Author Lisa Pagano Office of Special Education Programs U.S. Department of Education with special thanks to... Marshall Peter, Dick Zeller, Philip Moses, and John Reiman CADRE | Consortium for Appropriate Dispute Resolution in Special Education __________________________ Module 18 is all about IDEA's mechanisms for resolving disputes between … [Read more...]

NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY) is no longer in operation. Our funding from the U.S. Department of Education’s Office of Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free resources will remain available until September 30, 2014.