Due Process Complaints and Resolution Meetings

A parent or public agency may file a due process complaint concerning a child’s identification, evaluation, educational placement, or provision of FAPE. Unlike a written state complaint, this process may lead to an impartial hearing. Special Education Services (SES) provides current Alabama filing and hearing materials; LEAs should route receipt of any filing immediately to the staff responsible for timelines and legal coordination.

• IDEA, 20 U.S.C. §1415(b)(6), (f)

• [34 CFR §300.507, filing a due process complaint https://sites.ed.gov/idea/regs/b/e/300.507 

• [34 CFR §300.508, complaint content, response, and sufficiency https://sites.ed.gov/idea/regs/b/e/300.508 

• [34 CFR §300.510, resolution process  https://sites.ed.gov/idea/regs/b/e/300.510 

• [34 CFR §300.515, hearing decision timeline https://sites.ed.gov/idea/regs/b/e/300.515 

• Alabama Administrative Code, Chapter 290-8-9

A due process complaint generally must be filed within two years of when the parent or agency knew or should have known of the alleged action, subject to IDEA’s specified exceptions. The complaint must include identifying information, a description of the problem and supporting facts, and a proposed resolution to the extent known and available.

The receiving party generally must respond within 10 days unless it has already sent prior written notice addressing the subject matter as specified in §300.508(e). Any challenge to the complaint’s sufficiency must be raised with the hearing officer within 15 days of receipt; the hearing officer decides sufficiency within five days of receiving that challenge. These are distinct timelines.

For a parent-filed complaint, the LEA must convene a resolution meeting within 15 days after receiving notice unless both parties agree in writing to waive the meeting or agree to use mediation instead. Include the parent and relevant IEP Team members who have specific knowledge of the facts, along with a representative authorized to make decisions for the LEA. The LEA may not bring its attorney unless the parent is accompanied by an attorney.

If the dispute is not resolved within 30 days of receipt of the parent’s complaint, the hearing may proceed and the usual 45-day hearing-decision timeline generally begins at the end of that resolution period, subject to the adjustments permitted in §300.510(c). A written, signed resolution agreement is legally enforceable, and either party may void it within three business days after signing.

• Treating the two-year filing period as the same as the 60-day state complaint decision period

• Missing the 10-day response or 15-day resolution-meeting deadline

• Holding a meeting without an LEA decision-maker

• Assuming the ordinary 45-day hearing timeline begins the day the parent files

ALSDE Dispute Resolution  https://www.alabamaachieves.org/special-education/dispute-resolution/  current Due Process Complaint and Due Process Hearing Procedures.