IDEA Due Process Complaint

Purpose

This template is used by parents or school districts to file a formal due process complaint under the Individuals with Disabilities Education Act (IDEA). A due process complaint is the first step toward requesting an impartial due process hearing to resolve disputes about special education services.

When to File a Due Process Complaint

You may file when there is a dispute about:
- Identification of a child as having a disability
- Evaluation or re-evaluation of a child
- Educational placement of a child
- Provision of a Free Appropriate Public Education (FAPE)
- Implementation of the IEP

Statute of Limitations

You must file within 2 years of the date you knew or should have known about the alleged violation. Some states have shorter timelines. Check your state's specific requirements.

Before Filing: Consider Other Options

1. IEP Meeting - Request a meeting to resolve the issue
2. Mediation - Voluntary, free process with neutral mediator
3. State Complaint - File with State Education Agency (different timeline)

Due Process Complaint Form

SECTION 1: IDENTIFYING INFORMATION

TO BE FILED WITH:

[State Education Agency Name]
[Address]
[City, State, ZIP Code]

AND

[Local Education Agency/School District Name]
[Superintendent's Name]
[Address]
[City, State, ZIP Code]

PARENT/GUARDIAN INFORMATION

CHILD INFORMATION

SCHOOL DISTRICT INFORMATION

SECTION 2: NATURE OF THE PROBLEM

Pursuant to 34 CFR Section 300.508(b), I am filing this due process complaint regarding the following dispute(s):

☐ Identification - The district failed to properly identify my child as a child with a disability

☐ Evaluation - The district failed to properly evaluate my child or refused to evaluate

☐ Educational Placement - The district has proposed/placed my child in an inappropriate placement

☐ Provision of FAPE - The district has failed to provide a Free Appropriate Public Education

☐ IEP Implementation - The district has failed to implement the IEP as written

☐ Procedural Violations - The district has violated IDEA procedural requirements

☐ Other: ________________________________________________

SECTION 3: STATEMENT OF FACTS

Describe the nature of the problem in detail. Include specific facts, dates, and circumstances:

Background:
[Provide relevant history of your child's disability and educational services]

Specific Incidents/Violations:

Incident 1:
- Date: [Date]
- Description: [What happened]
- Persons Involved: [Names and roles]
- Impact on Child: [How this affected your child's education]

Incident 2:
- Date: [Date]
- Description: [What happened]
- Persons Involved: [Names and roles]
- Impact on Child: [How this affected your child's education]

Incident 3:
- Date: [Date]
- Description: [What happened]
- Persons Involved: [Names and roles]
- Impact on Child: [How this affected your child's education]

[Add additional incidents as needed]

Prior Attempts to Resolve:
[Describe any IEP meetings, written requests, or other attempts to resolve the issue with the district]

SECTION 4: PROPOSED RESOLUTION

Pursuant to 34 CFR Section 300.508(b)(6), I am proposing the following resolution to the extent known and available at this time:

☐ Evaluation/Re-evaluation:
[Describe the type of evaluation requested and by whom]

☐ Independent Educational Evaluation (IEE) at Public Expense:
[Specify the type of evaluation and qualifications needed]

☐ Changes to IEP Goals and Objectives:
[Describe specific goals that should be added, modified, or removed]

☐ Changes to Related Services:
[Specify services needed - type, frequency, duration, provider qualifications]

☐ Change in Placement:
[Describe the placement you believe is appropriate]

☐ Compensatory Education:
[Describe services to compensate for denial of FAPE - hours, type, duration]

☐ Reimbursement:
[Describe costs for which you seek reimbursement - private school, evaluations, tutoring]

☐ Modification of Procedures:
[Describe procedural changes needed]

☐ Training for Staff:
[Describe training needed to properly serve your child]

☐ Other Relief:
[Describe any other resolution you are seeking]

SECTION 5: REPRESENTATION

☐ I am representing myself (pro se)

☐ I am represented by an attorney:

☐ I am represented by a non-attorney advocate:

SECTION 6: SIGNATURE AND CERTIFICATION

I certify that the information provided in this due process complaint is true and accurate to the best of my knowledge. I understand that:

• A copy of this complaint will be sent to the school district
• The district must respond within 10 days if they have not previously provided Prior Written Notice
• A resolution meeting will be convened within 15 days
• If the dispute is not resolved within 30 days, the due process hearing will proceed
• The hearing decision must be issued within 45 days of the 30-day resolution period

_________________________________
Signature of Parent/Guardian or Attorney

_________________________________
Printed Name

_________________________________
Date

Due Process Timeline

What Happens After Filing

1. Sufficiency Determination

The district may challenge the sufficiency of your complaint within 15 days. The hearing officer will rule within 5 days.

2. District Response

If the district has not previously provided Prior Written Notice (PWN) about the issues in your complaint, they must respond within 10 days with:
- An explanation of why they took (or refused to take) the action
- A description of other options considered
- A description of each evaluation used
- A description of the relevant factors

3. Resolution Meeting

Within 15 days, the district must convene a resolution meeting that includes:
- Parents
- Relevant IEP team members
- A district representative with decision-making authority
- NO district attorney (unless parent brings one)

4. Resolution Period

You have 30 days to resolve the dispute. If resolved, both parties sign a legally binding agreement. Either party may void within 3 business days.

5. Due Process Hearing

If not resolved, the hearing proceeds. Both parties may:
- Present evidence
- Examine witnesses
- Have attorney representation
- Receive a written decision

"Stay Put" Provision

During the due process proceedings, your child remains in their current educational placement unless you and the district agree otherwise. This is called "stay put" or "pendency."

Exceptions:
- Weapons, drugs, or serious bodily injury (45-day interim placement)
- When parent agrees to a change
- When hearing officer orders a change

Evidence Exchange

At least 5 business days before the hearing, both parties must disclose:
- All evaluations completed
- Recommendations based on evaluations
- Witness lists
- Documentary evidence

Important: Evidence not disclosed may be barred from the hearing.

State-Specific Information

Attorney's Fees

If you prevail in a due process hearing, you may be entitled to recover attorney's fees from the school district. However:
- Fees may be reduced if you rejected a settlement offer
- Fees may be denied if complaint was frivolous or for improper purpose
- Pro se parents cannot recover fees for their own time

Enclosures Checklist

☐ Copies of relevant IEPs
☐ Evaluation reports
☐ Prior Written Notices
☐ Correspondence with district
☐ Progress reports
☐ Independent evaluations
☐ Medical records (if relevant)
☐ Other supporting documents

Resources

• Center for Parent Information and Resources: parentcenterhub.org
• IDEA Regulations: sites.ed.gov/idea
• Wrightslaw: wrightslaw.com
• State Parent Training Centers: parentcenterhub.org/find-your-center

Disclaimer

This template is provided for informational purposes only and does not constitute legal advice. Due process proceedings are formal legal procedures. Consider consulting with a special education attorney before filing. Many states have specific forms that must be used. Check with your State Education Agency for required forms and procedures.