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Due Process Complaints
Additional Information
Parents who disagree with the outcome of an assessment, determination of IEP eligibility or services provided or a variety of other disputes with respect to their child's special education program has the right to address these disputes with the school district in a hearing in front of an Administrative Law Judge.
The dispute between parents and the school district must be addressed by the parents within two years of the dispute. A formal request for a due process hearing must be made to the district and the parent must provide specific information about the dispute in the request.
A due process hearing is somewhat like a trial. It takes place in front of an administrative law judge, not a jury. Both sides bring their facts and witnesses for the judge to hear and based on the outcome, either side can appeal the judges decision. However, before requesting a due process hearing, one should attempt to exhaust all other possible avenues for resolution as the relationship between the parent and the school district will likely need to continue after the case is decided.