Due Process is part of the Procedural Safeguards for Dispute Resolution. Parents have the right to disagree with decisions that the school system makes.
When parents have a special education concern, question, or issue there are a number of options to try to resolve the disagreement. Concerns can often be resolved informally at a classroom or school level. Be sure to visit our Dispute Resolutions webpage to better understand your options.
Parents can file for a due process hearing to resolve a disagreement about the identification, evaluation, eligibility, educational placement, or manifestation determination of a student, or regarding the provision of a free appropriate public
education.
Due process complaint requesting a due process hearing must be filed within two years of the potential violation. Due process will involve the school’s attorney, submitting documents and oral testimony, and cross-examination of witnesses during a hearing in front of an Administrative Law Judge. Parents are not required to have an attorney to pursue due process, but it is recommended.
- Special Education Due Process Complaint Procedures
- Model Due Process Complaint/Request for Hearing Form
- Due Process Complaints
- Due Process Complaint Filed by District
- Resolution Meeting Requirements When a parent files a due process complaint, the district is required to contact the parent to schedule a resolution session meeting.
- Appeals and Expedited Due Process When a parent disagrees with an MDR decision, an expedited due process can be used to appeal the decision.
When parents have a special education concern, several options are available to address and resolve the disagreement:
- Dispute Resolution When parents have a special education concern, several options are available to address and resolve the disagreement
- Informal Meetings Most concerns can be resolved through direct discussions with the teacher or school staff.
- Facilitation or Mediation Voluntary and confidential free services aimed at resolving disputes related to special education and early intervention services.
- State Complaint If you believe your child’s educational rights have been violated or their IEP or IFSP is not being followed, you can file a formal complaint with the Michigan Department of Education Office of Special Education.
- Due Process Complaint and Hearing A due process complaint requests a formal hearing before an Administrative Law Judge due to disagreements concerning the identification, evaluation, educational placement, or provision of FAPE.
- Civil Rights Concerns involving harassment, discrimination, access issues, or civil rights violations can be addressed through the federal Office for Civil Rights or Michigan Department for Civil Rights.
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