OSEP Dear Colleague Letter on Use of Due Process Procedures After a Parent Has Filed a State Complaint

UNITED STATES DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES April 15, 2015 Dear Colleague: I mproving results and achieving better outcomes for children with disabilities is an important goal for all of us. However, even where informal attempts to resolve differences are made, parents and public agencies may be unable to reach agreement on important matters when determining how to provide a free appropriate public education (FAPE) to children with disabilities . The Individuals with Disabilities Education Act ( IDEA or the Act ) and its implementing regulations 1 provide specific options for resolving disputes, which should be used in a manner consistent with our shared goals of providing FAPE to, and achieving better outcomes for , children with disabilities . It has come to our attention that some public agencies may be filing due process complaints concerning the same issue that is the subject of an ongoing State complaint resolution, ostensibly to delay the State com plaint process and force parents to participate in, or ignore at considerable risk, due process complaints and hearings . Increased costs and a potentially more adversarial and lengthy dispute resolution process are not in the best interest of children with disabilities and their families. Therefore, the Office of Special Education and Rehabilitative Services in the U.S. Department of Education (Department) issues this letter to provide guidance that States, hearing officers, school districts, school staff , parents, and other stakeholders may find helpful in determining how to follow the IDEA dispute resolution procedures. Requirements The IDEA Part B regulations and Questions and Answers on IDEA Part B Dispute Resolution Procedures, revised July 2013 (OSEP Memo 13- 08) ( http://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/acccombinedosersdisputeresolutionqa finalmemo -7- 23- 13.pdf ) explain in detail the Part B dispute resolution procedures. We cite to these documents throughout this letter, as appropriate. Due process complaint procedures A parent or a public agency may file a due process complaint on any matter relating to the identification, evaluation, or educational placement of a child with a disability or the provision of FAPE to the child. 34 CFR §300.507(a) . 2 The parent or public agency is entitled to have an 1 20 U.S.C. 1400 et seq. (IDEA) and 34 CFR part 300 (Part B of IDEA regulations). 2 A parent or a public agency may request a hearing to appeal a decision regarding a disciplinary matter, as described in 34 CFR §300.532(a). A n impartial due process hearing on a disciplinary matter must be conducted on an expedited basis, which means that the overall hearing timeline is shorter . For example, unless the parties agree in writing to waive the resolution meeting or to use mediation, the resolution meeting must occur within 7 days of www.ed.gov 400 MARYLAND AVE., SW, WASHINGTON, DC 20202 The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access.