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PROCEDURAL SAFEGUARDS: DUE PROCESS HEARINGS - Statute

3. Requires either party to provide notice to the other party.
The procedures required by Section 615 shall include … procedures that require either party, or the attorney representing a party, to provide a request for a due process hearing notice in accordance with Section 615(c)(2) (which shall remain confidential) to the other party in the request for a due process hearing filed under Section 615(b)(6), and forward a copy of such notice to the state education agency (SEA); and that shall include:
  • The name of the child, the address of the residence of the child (or available contact information in the case of a homeless child) and the name of the school the child is attending;
  • In the case of a homeless child or youth (within the meaning of Section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child and the name of the school the child is attending;
  • A description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem; and
  • A proposed resolution of the problem to the extent known and available to the party at the time.
[615(b)(7)(A)]

The procedures required by Section 615 must include … a requirement that a party may not have a due process hearing until the party, or the attorney representing the party, files a notice that meets the requirements of Section 615(b)(7)(A)(ii). [615(b)(7)(B)]

The request for a due process hearing notice required under Section 615(b)(7)(A) shall be deemed to be sufficient unless the party receiving the notice notifies the hearing officer and the other party, in writing, that the receiving party believes the notice has not met the requirements of Section 615(b)(7)(A). [615(c)(2)(A)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why is it important that both the parent and the public agency be allowed to request a due process hearing?


  2. Why is it important that either party provide notice to the other party when they request a due process hearing?


  3. What are the potential ramifications between the family and LEA when a due process complaint is filed?


  4. Why is this important in terms of:
    • practicality, given hectic schedules
    • in terms of program and services
    • in terms of relationships between child/parent, teacher and administration


Application Questions

  1. What information and assistance might an SEA or LEA provide to a parent who requests a due process hearing?


  2. Upon a filing of a due process compliant, what polices and procedures might a LEA have in place to ensure the best interests of the students are considered throughout the process?


  3. What alternative dispute resolution might a LEA offer to a parent when they become aware of a parent filing a due process?

    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