D. Due Process

20 U.S.C. § 1415(d).
An entire section of IDEA is devoted to procedural safeguards protecting the rights of children with disabilities and their parents. These procedural safeguards must be outlined in a detailed annual notice that the school is required to give parents. 

20 U.S.C. § 1415(b)(3) and (c).
The school district is required to give “prior written notice” to the parents, covering specific elements, when it proposes to or refuses to initiate or change the identification, evaluation, or educational placement of a student with disabilities.









If parents disagree with a school’s decision, such as an evaluation, a change in evaluation, or a denial of services, a good place to start is the informal dispute resolution procedures in the school, such as a conference with the director of special education.IDEA does not require that informal resolution options be exhausted before a due process hearing may be requested, but if issues can be resolved at a lower and local level, it may serve the child better and preserve relationships.


20 U.S.C. § 1415(b)(6).
Parents may file a due process complaint notice "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(c) and (f).
The due process complaint notice may be filed any time from immediately to within two years of the date the parent knew or should have known of the alleged basis for the complaint. The hearing notice triggers a strict timeline.

20 U.S.C. § 1415(c)(2)(E) and (f)(3)(B).
Any issues not raised in the complaint may not be addressed unless the school district agrees, or the notice is formally amended.



20 U.S.C. § 1415(e) and (f)(1)(B).
Once a due process complaint has been filed, the school district has 15 days to convene a resolution session involving the parents and relevant members of the IEP team, unless the parties agree to waive the resolution session or agree to attempt to resolve the dispute through mediation.. 

20 U.S.C. § 1415(f) and (h).
In the rather rare event (in Colorado) that the case goes into due process, the impartial due process hearing is a full-blown administrative hearing in front of a hearing officer. 

20 U.S.C. § 1415(g).
Either side can appeal the decision to the Colorado Department of Education, which will conduct an impartial review under an administrative law judge. 







20 U.S.C. § 1415(i); Wright, supra note 1 at 117.
In 2011, Colorado is moving towards a single tier due process system in which ALJs from the Office of Administrative Courts will conduct IDEA administrative hearings. If the new ECEA Rule 6.02 is passed, the new review process will take effect in July 2011.

After the administrative process, the matter can be appealed to federal or state district court.  Parents or in some cases the school district--who prevail in IDEA cases, may seek attorney fees from the opposing party certainly in federal court, and possibly in state court.

Tulman, supra note 33 at 9-16.
If the parties disagree on the IEP, it may be worthwhile to begin an interim placement with the services the parties do agree on. 

20 U.S.C. § 1415(j).
In any case, if an IEP already exists, the student would continue to receive services under that IEP until the dispute is resolved under the “stay put” provision. 

Wright and Wright, supra note 1.
The most effective advocacy for a child builds constructive relationships in the system.



34 C.F.R. § 300.151(b).
Parents may also, or alternatively, file a state-level complaint with the Colorado Department of Education ("CDE"). This triggers an investigation rather than a hearing.  The CDE can require the school district to remedy or correct the violation, including compensatory services, monetary reimbursement, corrective action, and appropriate future provision of services.