Requesting a Due Process Hearing

Time Limits

• Request must occur within 2 years of when the parent or school knew or should have known of the action that is basis of complaint (20 USC 1415(f)(3)(c))
• Exceptions: (20 USC 1415(f)(3)(D))
• The parent was prevented from requesting a hearing due to the school's withholding information that was required to be provided to the parent or
• The school misrepresented that it had resolved complaint

Due Process Hearing Request Notice Requirements (20 USC 1415(b)(7)(A))

• Must be sent to opposing party and Maine DOE
• Must include name and residence of child and name of school child attends
• If homeless child, must include available contact information for the child and the name of school
• Description of problem, including facts relating to problem
• Issues at the hearing are limited to those listed in the notice (20 USC 1415(f)(3)(B))
• Proposed resolution of problem

Get Hearing Request Form

Sufficiency of Notice

• Can be challenged in writing and must be submitted to the hearing officer and the opposing party (20 USC 1415(c)(2)(A))
• Must be done within 15 days of receipt of complaint (20 USC 1415(c)(2)(c))
• Hearing officer has 5 days from receipt of written challenge to decide if notice is sufficient ((20 USC 1415(d)(2)(D))
• An amended complaint may be submitted if
• opposing party consents and is given the opportunity to resolve the complaint or
• hearing officer grants permission to amend and amendment is received at least 5 days prior to the due process hearing
• 20 USC 1415(c)(2)(E)
• Remaining timelines for due process hearing start at time amended notice is filed (20 USC 1415(c)(2)(E)(ii))

School Response to Complaint (20 USC 1415(c)(2)(B))

• School has 10 days from receipt of complaint to send parent a response
• why it made the decision,
• description of other options considered by PET,
• reason for rejection of those options,
• description of evaluations, records, reports that support the school's decision and
• factors that are relevant to school's decision