A Report On A Due Process Complaint Essay

A Report On A Due Process Complaint Essay

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A due process complaint must contain, inter alia, “a description of the nature of the problem of the child relating to such proposed initiation or change, including facts relating to such problem,” 20 U.S.C. Section 1415 (b)(7)(A)(ii)(III) and 34 C.F.R. Part 300.508 and “a proposed resolution of the problem to the extent known and available to the party at the time.” (20 U.S.C. Section 1415 (b) (7) (A) (ii) (IV).)
“[A] party may not have a due process hearing until the party, or the attorney representing the party, files a notice that meets the requirements of [20 U.S.C. Section 1415 (b)(7)(A)(ii)].” (20 U.S.C. Section 1415(b) (7) (B).) The recipient of a due process complaint must notify the Hearing Officer and all other parties if it believes the complaint has not met the requirements of §1415 (b) (7) (A) (ii) within fifteen (15) days of receiving the complaint. (20 U.S.C. Sections 1415(c) (2) (A) and 1415(c) (2) (C).) The instant document constitutes the District’s Notice of Insufficiency.
In accordance with (20 U.S.C. Section 1415(c) (2) (D) and 34 C.F.R. Part 300.508 the Hearing Officer must notify the parties in writing of its determination as to the sufficiency of the complaint within five (5) days of receiving the notice of insufficiency.
The District is unable to discern from the Complaint the facts relating to the allegations presented. “The purpose of the sufficiency requirement is to ensure that the other party, which is generally the school district, will have an awareness and understanding of the issues forming the basis of the complaint.” (Sen. Rep. No. 108-185, 1st Sess., page citation unavailable (2003).) In addition, fundamental principles of due pr...

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...he individual States are required to establish procedures “to ensure that children with disabilities and their parents are guaranteed procedural safeguards with respect to the provision of a free appropriate public education.” 20 U.S.C. § 1415 (a). One of those procedures is the opportunity to present complaints “with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child.” 20 U.S.C. § 1415(b)(6)(A) (emphasis added). Any complaints must be given an impartial due process hearing, 20 U.S.C. § 1415(f). Further, even if one was forced to assume that Petitioner’s statement regarding “concerns” is indirectly alleging that that District scrutinized Shakira’s behavior or changed her grades, these issues are wholly unrelated to the basic scope of claims

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