Due Process Complaint Notices
Submitted by party initiating complaint (parent or LEA)
Must be complete as determined by IHO
Prior notice required on subject of complaint
Other party response
Timelines begin when complete
Speaker Notes:
Section 615(c)(2)
The due process complaint notice is the notice the State used to refer to as a "Request for a Hearing." (Not to be confused with a 60-day State complaint.)
Current law requires the parent to submit a written notice for a hearing. IDEA 2004 also requires the school district to submit the notice to the parent if the LEA is initiating the hearing.
Sufficiency of Notice: The notice is considered sufficient unless a party notifies the IHO and the other party in writing, within 15 days, that the party believes the notice has not meet all the requirements (not sufficient). The IHO has five days to rule on the sufficiency of the notice and must immediately notify both parties in writing of the notice determination.
Prior Notice Required: If it has not already done so, the LEA must, with ten days of receiving the complaint, send the parent prior written notice regarding the subject of the complaint
Other Party Response: Noncomplaining party has ten days to send a response to address issues raised in the complaint.
Amended Complaint Notice: The notice can be amended only if the other party consents in writing and is given the opportunity to resolve the complaint through a resolution session; or if the IHO grants permission. IHO can grant permission not later than five days before hearing begins.
The timelines for a hearing (and a resolution session) recommence at the time the party files an amended notice.