Due Process is an administrative hearing process before an impartial hearing officer (like a judge) to resolve disagreements over issues like the child’s eligibility for special education and related services, evaluation, whether services or placement is appropriate, or any other matter under FAPE. Like in a trial, evidence and witnesses can be presented. Although not required, parents should have a lawyer for due process. The parent must file a due process complaint in writing with VDOE with a copy to the school division. The due process complaint must identify the subject of the complaint among other requirements. The violation can’t have occurred more than two years prior to filing. Due process is time-consuming and costly. A due process decision can be appealed in state or federal court. While only a parent can file a complaint, a parent or the school division can file for a due process hearing. Here is more information about the due process system.
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