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PROCEDURAL SAFEGUARDS: DUE PROCESS HEARINGS - Statute

1. Replicates current regulations regarding who may request a due process hearing.2
Either the parent or the public agency may request an impartial due process hearing conducted by the state education agency (SEA) or local education agency (LEA), as determined by state law or the SEA, with respect to any matter relating to the identification, evaluation or educational placement of the child, or the provision of a free appropriate public education (FAPE) to such child. [615(b)(6)(A), (f)(1)(A); 34 CFR 300.507(a)(1)]


2 IDEA 2004 uses the term “complaint” to indicate a request for a due process hearing. The term “request for a due process hearing” will be used in this document in lieu of “complaint.” [615(c)(2)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why do you think it was necessary to provide the opportunity “for any party” to present complaints regarding a child’s education?


  2. How does this provision affect documentation?


  3. In what ways might this provision impact practice?


  4. How does this provision relate to an LEA’s inability to use procedural safeguards to obtain consent?


Application Questions

  1. What procedures would be helpful for teachers in responding to complaints at the classroom level or student level?


  2. How might LEAs and SEAs prepare themselves to respond to complaints from “any party” in a way that is non-confrontational?


  3. What types of record-keeping systems might districts employ to keep track of complaints filed so they are followed-up in a timely manner?

    These questions were developed by the following stakeholders working together:

    Role: National Family Advocacy Organization
    Location: Minnesota
    Role: Assistant Superintendent
    Location: Michigan
    Role: Family Advocate
    Location: Maryland
    Role: National TA Provider
    Location: Oregon
    Role: Principal
    Location: Virginia
    Role: State Education Agency
    Location: Pennsylvania
    Role: TA Provider
    Location: Washington, D.C.
    Role: Family Advocate
    Location: Tennessee