Section 1415 (c) (2) (B)

(B) Response to complaint

    (i) Local educational agency response

      (I) In general

    • If the local educational agency has not sent a prior written notice to the parent regarding the subject matter contained in the parent’s due process complaint notice, such local educational agency shall, within 10 days of receiving the complaint, send to the parent a response that shall include—
      • (aa) an explanation of why the agency proposed or refused to take the action raised in the complaint;
      • (bb) a description of other options that the IEP Team considered and the reasons why those options were rejected;
      • (cc) a description of each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and
      • (dd) a description of the factors that are relevant to the agency’s proposal or refusal.

      (II) Sufficiency

    • A response filed by a local educational agency pursuant to subclause (I) shall not be construed to preclude such local educational agency from asserting that the parent’s due process complaint notice was insufficient where appropriate.

    (ii) Other party response

  • Except as provided in clause (i), the non-complaining party shall, within 10 days of receiving the complaint, send to the complaint a response that specifically addresses the issues raised in the complaint.
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    Last modified on November 7, 2019