Due Process

See our list of commonly used acronyms

Does the mediation agreement that has been signed by both parties go into effect immediately or after 3 business days have passed?
The signed mediation agreement goes into effect immediately, but the parties may agree to whatever timeframe they wish for implementation. There is no 3-business day requirement for the voiding of a mediation agreement as there is for resolution session agreements.

I have had an IEP Team meeting where a re-evaluation was determined, and Written Notice (WN) and consent were sent, then the parents refused to give consent. If we decide to file for a hearing, must I send a WN?
No. As a WN about the issues that will be the basis or a hearing has already been sent to the parents, no other WN about the hearing issues is necessary.

May an advocate file a Due Process Hearing Request?
No. The advocate may assist the parent or adult student to prepare and file the hearing request, which may identify the advocate, but it must be signed and filed by the parent or adult student. If the parent or adult student is represented by an attorney, the attorney may file the hearing request.

Under what circumstances would a complaint investigation report or hearing decision order a monetary reimbursement?
Such an order is generally based upon a finding that a SAU failed to provide FAPE, which caused the parents to pay for educational services outside of school (e.g., enrolling the child in a private school or hiring a tutor).

What are the due process rights of parents who have unilaterally placed their children in private schools?
Unless FAPE is at issue, the parents are restricted to requesting either a stand-alone mediation or a complaint investigation to resolve disputes about special education. Where FAPE is at issue, and providing that the parents gave the SAU due notice of the FAPE dispute (see MUSER ┬žIV.4.G(3)(d)(i)), the parents may instead choose to request a due process hearing.

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