View FileDecember 11, 2008 to individual (personally identifiable information redacted) (MS Word)
12/11/08XXXXXX XXXXXXXXXXXX XXXXXX XXXXXXXXXXX, XXXXX XXXXDear XX XXXXX:This is in response to your letter to me, dated July 23, 2008, in which you asked whether a parent or local educational agency (LEA) may file a due process complaint regarding an individualized education program (IEP) that is not the most recent IEP or is one to which the parent has agreed.Under 34 CFR 300.507(a) of the regulations for Part B of the Individuals with Disabilities Education Act (IDEA), a parent or a public agency may file a due process complaint on any of the matters described in 34 CFR 300.503(a)(1) and (2) (relating to the identification, evaluation or educational placement of a child with a disability, or the provision of a free appropriate public education (FAPE) to the child). FAPE includes special education and related services that are provided in conformity with an IEP that meets the requirements of 34 CFR 300.320 through 300.324. 34 CFR 300.17(d). Therefore, issues related to an IEP are intrinsically related to the provision of FAPE.Under 34 CFR 300.507(a)(2), a due process complaint generally must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint or, if the State has an explicit time limitation for filing a due process complaint under Part B, in the time allowed by that State law. This timeline does not apply to a parent if the parent was prevented from filing a due process complaint due to specific misrepresentations by the local educational agency (LEA) that/s/William W. KnudsenActing DirectorOffice of Special Education Programscc: XXXXXXXPage PAGE 2 - XX XXXXX XXXXX
