Due Process Complaint
Advocacy & Dispute ResolutionDefinition
A formal written complaint filed by a parent or school district to initiate a due process hearing. The complaint must describe the child, the nature of the problem, proposed resolution, and relevant facts. It triggers a 30-day resolution period before the hearing can proceed.
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Ask the AI About Due Process ComplaintRelated Terms
A formal legal proceeding where a parent or school district presents evidence before an impartial hearing officer to resolve a dispute about a child's identification, evaluation, placement, or provision of FAPE. Either party can request a due process hearing. Decisions are legally binding.
A mandatory meeting that must occur within 15 days of a due process complaint being filed (unless both parties agree to skip it or use mediation instead). The purpose is to give the school district an opportunity to resolve the complaint before a hearing. If resolved, the agreement is legally binding.
A legal protection under IDEA ensuring that a child remains in their current educational placement during any dispute between the parents and the school district (such as a due process hearing). The child's placement cannot be changed until the dispute is resolved, unless both parties agree otherwise.
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