Are you unhappy or unsatisfied with how the school district handles the education for your child with special needs? Filing a due process complaint allows you to advocate for more appropriate education based on your child’s unique requirements.
Be specific
A due process complaint is basically a written complaint against the school. Parents or guardians should send them to Office of Administrative Hearings (OAH) and forward a copy to their child’s school.
Below are the five key pieces of information included in every due process complaint:
- Name of your child
- Home address of your child
- Name of your child’s school
- Factual description of the disputes, disagreements or problems your child faces
- Recommended solution
What the OAH tells parents to do
The OAH advises parents to be specific in wording the problems. Give a straightforward list of issues or disagreements you may have with the school or school district, clearly indicating the areas where you disagree with.
When filing your due process request, also make sure to include everything you want to resolve — hearings generally do not discuss any problem or disagreement not mentioned in your complaint.
Deadlines you need to know
Parents must file the due process complaint within two years of learning about the issue or issues. Other relevant deadlines or time limits to keep in mind are:
- Resolution session with the school: Within 15 days of receiving the complaint
- Reaching a resolution agreement: Within 30 days of receiving your complaint
- Conducting a due process hearing and reaching a decision: Within 45 days after the resolution period
- Filing an appeal in state or federal court: Within 90 days after the release of the due process decision
Advocating for your child’s educational needs
Special education law can be challenging to navigate. Consulting law professionals may help you arrange for the individual educational program your child deserves to grow and make meaningful progress in school.