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Due Process Hearing Request Form


Thursday, November 17, 2016

This form is used to provide notice of a due process complaint to the Local Educational Agency (LEA) and/or State Educational Agency (SEA) and/or parents with respect to any matter relating to the identification, evaluation, or educational placement of a child with a disability, or the provision of a free appropriate public education to that child, ages 3-22. A party may not have a due process hearing until the party, or the attorney representing the party, files a due process complaint notice that meets the requirements of the Individuals with Disabilities Education Act (IDEA). See 34 CFR Part 300 (IDEA Part B).

Parents initiating a complaint must provide a completed administrative due process complaint notice to the Local Educational Agency (LEA) and/or State Educational Agency (SEA), whomever the complaint is filed against. The Office of the State Superintendent (OSSE) is the SEA for the District of Columbia.

If the complaint is filed against a traditional public school, non-public day school, residential treatment facility or Public Charter School for which District of Columbia Public Schools (DCPS) is the LEA, notice to DCPS shall be provided to DCPS by e-fax at (202) 442-5115, with a copy to the Office of Dispute Resolution (ODR), 810 First St. NE, Second Floor, Washington, DC 20002 by hand delivery or by e-fax to (202) 478-2956.

If the complaint is filed against a Public Charter School and the Public Charter School is its own LEA, the due process complaint must be provided to the principal or director of the Public Charter School, with a copy to the ODR. You must contact the Public Charter School directly to find out how to provide the complaint to the Public Charter School.

If the complaint is filed against the Department of Youth Rehabilitation Services (DYRS), the due process complaint must be provided to James Brooks, Educational Specialist, Office of Education, DYRS, by email at [email protected] or fax at (202) 299-3622, with a copy to ODR.

If the complaint is filed against OSSE, the due process complaint must be provided to the OSSE’s Office of General Counsel by fax at (202) 299-2134 (for more information call OSSE at (202) 724-7756), with a copy to ODR.

A copy of the complaint must be provided to the Office of Dispute Resolution (ODR) on the same day that it is provided to the LEA, SEA and/or parent against whom the complaint was filed. Failure to provide a copy to the ODR on the same day may result in a delay of assigning the case to a hearing officer. The due process complaint must describe an alleged violation that occurred not more than two years before the date that the parent, school system and/or OSSE knew or should have known about the alleged action that is the basis of the complaint.

Unless the other party agrees, the party requesting the due process hearing shall not be allowed to raise issues at the due process hearing that are not raised in this Administrative Due Process Complaint Notice. Therefore, please be thorough in providing the information requested.

Legal Assistance

A list of free legal help is available at osse.dc.gov > Programs > Office of Dispute Resolution > For Parents and Students > Free Legal Services. A paper copy of the list may be obtained by contacting the ODR at (202) 698-3819.


Related Service: Office of Dispute Resolution (ODR)