What exactly is a due process complaint?

Question

What exactly is a due process complaint?

Answer 1

When filing for a DPH be sure you request both an IDEA and a 504 Due Process. In some states, (FL) you may only get an IDEA hearing as the Dept of Administrative Hearings (DOAH) does not contract with the districts to hear 504 issues and therefore ignore "procedural safeguards". Without procedural safeguards there can be NO FAPE.

If your hearing did not go as you would have liked, check to see if the 504 section was ignored. If you requested your hearing  include 504 and it wasn't provided, file a complaint with your regional Office of Civil Rights (OCR)

Answer 2

A due process hearing can be filed by parents or by a school district when the parties cannot come to an agreement on any part of an IEP. Typically lawyers represent the parties similar to a trial without a jury where witness are called and cross examined and a case is made by each party.

www.wrightslaw.com has lots of information such as below

The IDEA includes rules of procedure for resolving disputes between parents and schools. These rules include mediation, due process hearings, and appeals to state or federal court. (Wrightslaw: Special Education Law, page 107-115)

A due process hearing is usually a formal, contested, adversarial trial. Special education cases are similar to medical malpractice cases, with battles of expert witnesses, and the emotions of bitterly contested divorce cases with child custody and equitable distribution issues.

Answer 3

In simple terms it means rejecting the offer the school district is providing a student classified as special needs. Parents and guardians are required to receive literature before their IEP and during the IEP about how to file  Due Process. Violations could result of they fail to provide this literature.

Answer 4

Here is a page about it from wrightslaw with links to other pages

http://www.wrightslaw.com/info/dp.index....