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PROCEDURAL SAFEGUARDS: RESOLUTION MEETINGS AND DUE PROCESS HEARINGS - Regulations

13. Clarify that parents may file separate due process requests on additional issues.

Nothing in 34 CFR 300.500 through 300.536 shall be construed to preclude a parent from filing a separate due process complaint on an issue separate from a due process complaint already filed.
[34 CFR 300.513(c)] [20 U.S.C. 1415(o)]

Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. In your opinion, why is this provision important to families and schools?


  2. In your experience, have there been times when you believe there have been situations that met the conditions of frivolous, unreasonable, or without foundation?


Application Questions

  1. How might the SEA/LEA inform parents of this provision and help them understand the regulations’ limitations on the awarding of attorneys fees?

    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