Appeals and Expedited Due Process

September 2010 Both the LEA and the parent of the child with a disability have the right to file a due process complaint, which is the first step in requesting a due process hearing to appeal decisions taken during disciplinary procedures, although the reasons these parties may do so differ. As §300.532(a) makes clear: Parents may appeal decisions regarding placement of their children (under §§300.530 and 300.531); Parents may appeal decisions … [Read more...]

Five Options, 1-2-3

September 2012 This information in Spanish | Esta información en español There are times when parents and schools simply do not agree on some issue affecting a child's education. They may try informal approaches to resolving the conflict, such as reviewing and revising the child's IEP or holding a facilitated IEP meeting (an approach emerging in the field). When these don't result in agreement on what represents an appropriate education for … [Read more...]

The Due Process Complaint

September 2012This info in Spanish | Esta información en españolA due process complaint is pretty much what it sounds like: a letter/complaint filed by an individual or organization on matters of conflict related to the identification, evaluation, or educational placement of a child, or the provision of a free appropriate public education (FAPE) to the child.IDEA requires school systems (called public agencies) to have procedures in place that … [Read more...]

Due Process Complaints, in Detail

September 2012Due process is a longstanding approach within IDEA to resolving disputes. This article will take you through through the key points and content of IDEA’s provisions regarding due process complaints.Changes in due process in IDEA 2004What is a due process complaint?Who may file a due process complaint?What information must the complaint contain?Deciding sufficiency of the complaintWhen may the due process complaint not be used?What … [Read more...]

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...]

Indicator 16 | Resolution of Written Complaints

Updated, April 2013One of IDEA's jewels is the array of dispute resolution options it makes available to families, school systems, and stakeholders involved in educating children with disabilities. The law provides multiple mechanisms---mediation, due process complaints, due process hearings, resolution sessions, and State complaints.Indicator 16, shown in bold below, deals with "signed written complaints." Indicators 17, 18, and 19 address other … [Read more...]

Indicator 18 | Hearing Requests Resolved by Resolution Sessions

Updated, April 2013IDEA wisely includes multiple mechanisms that families and schools can use to resolve disputes associated with the education of children with disabilities. These include: written State complaints, mediation, due process complaints, resolution meetings, and due process hearings.Indicator 18, shown in bold below, deals with hearing requests that are resolved by "resolution sessions." Indicators 16, 17, and 19 address other methods … [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...]

Requesting a Due Process Hearing

From our series of model letters...because sometimes you need to communicate with the school about your child's education.3rd edition, January 2011Model letter, in PDF (see page 19)En español | In Spanish  This short publication comes from a much longer Parent's Guide that focuses on communicating with your child's school via letter writing. There are times when you, as a parent, may want to communicate in writing with your child's school … [Read more...]

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