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PROCEDURAL SAFEGUARDS: RESOLUTION MEETINGS AND DUE PROCESS HEARINGS - Regulations

1. Specify the timeline for filing a due process complaint.

The due process complaint must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint, or, if the State has an explicit time limitation for filing a due process complaint under Part 300, in the time allowed by that State law, except that the exceptions to the timeline described in 34 CFR 300.511(f) apply to the timeline in 34 CFR 300.507.
[34 CFR 300.507(a)(2)] [20 U.S.C. 1415(b)(6)(B)]

A parent or agency must request an impartial hearing on their due process complaint within two years of the date the parent or agency knew or should have known about the alleged action that forms the basis of the due process complaint, or if the State has an explicit time limitation for requesting such a due process hearing under Part 300, in the time allowed by that State law.
[34 CFR 300.511(e)] [20 U.S.C. 1415(f)(3)(C)]

The timeline described in 34 CFR 300.511(e) does not apply to a parent if the parent was prevented from filing a due process complaint due to:
  • Specific misrepresentations by the local educational agency (LEA) that it had resolved the problem forming the basis of the due process complaint; or
  • The LEA’s withholding of information from the parent that was required under Part 300 to be provided to the parent.
[34 CFR 300.511(f)] [20 U.S.C. 1415(f)(3)(D)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Why is it important for parents, educators and administrators to understand the timeline with respect to:
    • practicality, given hectic schedules
    • program development and service delivery
    • relationships among all parties (e.g. child, parent, teacher and administrator)
    • record keeping and documentation


  2. Why is it important for parents and school personnel to understand what “knew or should have known” means?


  3. Does your state have “an explicit time limitation for filing a due process complaint under Part 300”?
    • If so, what is that timeline?
    • Since the state’s timeline takes precedence, how does it compare to the timeline in the IDEA regulations?


Application Questions

  1. How will this (2-year) deadline for filing a due process complaint impact current practice?


  2. How will your district develop a record-keeping process to address this concept of “knew or should have known”? Will any additional documentation be needed?


  3. How will parents and school personnel be informed of these new procedures?


  4. Do you know how your state (specifically hearing officers in your state) are defining “misrepresentation of information” and “withholding of information”?
    • If you do not know, how can you find out?
    • What offices or persons can you contact to gain clarity on these issues?

    These questions were developed by the following stakeholders working together:

    Role: General Education Administrator
    Location: California

    Role: Educational Consultant
    Location: Florida

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: Illinois

    Role: Special Education Administrator
    Location: Kentucky

    Role: Family Member
    Location: New Jersey

    Role: Teacher
    Location: West Virginia