Part 4

The Due Process Complaint

IDEA requires school systems (called public agencies) to have procedures in place that make due process available to parents and public agencies to resolve a dispute involving any matter arising under Part B, including matters arising prior to the filing of a due process complaint. This includes both the due process complaint (summarized in this issue of Resolving Disputes with Parents Series) and the due process hearing (described in the next issue).

A due process complaint is pretty much what it sounds like: a letter/complaint filed by an individual or organization on matters of conflict related to the identification, evaluation, or educational placement of a child, or the provision of a free appropriate public education (FAPE) to the child. There’s a lot to know about filing a due process complaint; use the summary in this issue to learn how this type of complaint works as a dispute resolution approach.

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