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Step 4
If the LEA has not resolved the due process complaint to the satisfaction of the parents within 30 calendar days of the receipt of the due process complaint, the due process hearing may occur (15 calendar days for expedited hearing). -
Step 1
Parent files a due process* complaint with other party and copies the Office for Dispute Resolution -
Step 2
If the LEA (school) has not yet sent a Notice of Recommended
Educational Placement/Prior Written Notice (NOREP/PWN) to the parent regarding the subject matter contained in the parent’s
due process complaint, the LLEA must, within 10 days of receiving the due process complaint, send a response to the parent. -
Step 3
Within 15 calendar days of receiving notice of parent’s due
process complaint, and prior to initiation of a due process
hearing, the LEA must convene a resolution meeting with the parent and the relevant member(s) of the IEP team who have specific knowledge of the facts identified in the due process complaint (within 7 calendar days for expedited hearing).* -
Step 5
Due process hearing timelines begin the day after one of these events:
Both parties agree in writing to waive the resolution meeting.
Both parties agree in writing that no agreement is possible after mediation or resolution meeting starts, but before the end of the 30 day period.
Both parties agree in writing to continue the mediation at the end of the 30 day resolution period, but later either party withdraws from the mediation process.
The 30-day period after LEA receives complaint notice ends -
Step 6
Due process hearing must be held within 30 calendar days after the start of the timelines described in step 5 (within 20 school days for expedited hearing). -
Step 7
The decision of the hearing officer must be issued within 45 calendar days of the start of the due process hearing timelines unless extensions are given (within 30 school days for expedited hearing).