Per Â§300.500, each state education agency (SEA) “must ensure that each public agency establishes, maintains, and implements procedural safeguards that meet the requirements of Â§Â§300.500 through 300.536“, which includes the due process timeline.
The timeline isn’t stated in one place, so the dates have been pulled from various sections, to provide a one-page rundown of deadlines that follow receipt of a due process complaint.
*Always check your own state regulations and IDEA.
Per 300.508(e)(1), “if the LEA has not sent a prior written notice under Â§300.503 to the parent regarding the subject matter contained in the parentâ€™s due process complaint, the LEA must, within 10 days of receiving the due process complaint, send to the parent a response that includesâ€”(i) An explanation of why the agency proposed or refused to take the action raised in the due process complaint; (ii) A description of other options that the IEP Team considered and the reasons why those options were rejected; (iii) A description of each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and (iv) A description of the other factors that are relevant to the agencyâ€™s proposed or refused action.”
Per Â§300.508(f), “except as provided in paragraph (e) of this section, the party receiving a due process complaint must, within 10 days of receiving the due process complaint, send to the other party a response that specifically addresses the issues raised in the due process complaint.”
Per Â§300.508(d)(1), â€œthe due process complaint required by this section must be deemed sufficient unless the party receiving the due process complaint notifies the hearing officer and the other party in writing, within 15 days of receipt of the due process complaint, that the receiving party believes the due process complaint does not meet the requirements in paragraph (b) of this section.â€
Per Â§300.510(a)(1), “within 15 days of receiving notice of the parentâ€™s due process complaint, and prior to the initiation of a due process hearing under Â§300.511, the LEA must convene a meeting with the parent and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in the due process complaint thatâ€”(i) Includes a representative of the public agency who has decision-making authority on behalf of that agency; and (ii) May not include an attorney of the LEA unless the parent is accompanied by an attorney.”
Per Â§300.510(b)(5), “if the LEA fails to hold the resolution meeting specified in paragraph (a) of this section within 15 days of receiving notice of a parentâ€™s due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline.”
Per Â§300.508(d)(2), â€œwithin five days of receipt of notification under paragraph (d)(1) of this section, the hearing officer must make a determination on the face of the due process complaint of whether the due process complaint meets the requirements of paragraph (b) of this section, and must immediately notify the parties in writing of that determination.â€
Per Â§300.508(d)(2)(3), “a party may amend its due process complaint only ifâ€”(i) The other party consents in writing to the amendment and is given the opportunity to resolve the due process complaint through a meeting held pursuant to Â§300.510; or (ii) The hearing officer grants permission, except that the hearing officer may only grant permission to amend at any time not later than five days before the due process hearing begins.
The 6â€“25 timeframe is determined by taking the 30-day expiration date set forth 300.510(b)(1)â€”which states, “if the LEA has not resolved the due process complaint to the satisfaction of the parent within 30 days of the receipt of the due process complaint, the due process hearing may occur”â€”and subtracting the five days referred to in Â§300.508(d)(2)(3). Because a parent can state, before the 30-day expiration date, that “the LEA has not resolved the due process complaint to the satisfaction of the parent”, the resolution period could end before the 30-day timeline.
Per Â§300.512(a)(3), â€œany party to a hearing conducted pursuant to Â§Â§300.507 through 300.513 or Â§Â§300.530 through 300.534, or an appeal conducted pursuant to Â§300.514, has the right toâ€”prohibit the introduction of any evidence at the hearing that has not been disclosed to that party at least five business days before the hearing.â€
Per Â§300.512(b), â€œat least five business days prior to a hearing conducted pursuant to Â§300.511(a), each party must disclose to all other parties all evaluations completed by that date and recommendations based on the offering partyâ€™s evaluations that the party intends to use at the hearing.â€
Per 300.510(b)(1), “if the LEA has not resolved the due process complaint to the satisfaction of the parent within 30 days of the receipt of the due process complaint, the due process hearing may occur.”
Per Â§300.510(b)(2), “except as provided in paragraph (c) of this section, the timeline for issuing a final decision under Â§300.515 begins at the expiration of this 30-day period.” Paragraph (c) referred to in this section states, “(c)Â Adjustments to 30-day resolution period. The 45-day timeline for the due process hearing in Â§300.515(a) starts the day after one of the following events:(1)Â Both parties agree in writing to waive the resolution meeting;(2)Â After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible;(3)Â If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or public agency withdraws from the mediation process.”
Per Â§300.510(b)(4), “if the LEA is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made (and documented using the procedures in Â§300.322(d)), the LEA may, at the conclusion of the 30-day period, request that a hearing officer dismiss the parentâ€™s due process complaint.”
75 Days or Less
Per Â§300.515(a), â€œthe public agency must ensure that not later than 45 days after the expiration of the 30 day period under Â§300.510(b), or the adjusted time periods described in Â§300.510(c)â€”(1) A final decision is reached in the hearing; and (2) A copy of the decision is mailed to each of the parties.â€
Per Â§300.508(d)(4), “if a party files an amended due process complaint, the timelines for the resolution meeting in Â§300.510(a) and the time period to resolve in Â§300.510(b) begin again with the filing of the amended due process complaint.”
Per Â§300.510(b)(3), “except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding paragraphs (b)(1) and (2) of this section, the failure of the parent filing a due process complaint to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held.”
Per Â§300.510(c), “the 45-day timeline for the due process hearing in Â§300.515(a) starts the day after one of the following events: (1) Both parties agree in writing to waive the resolution meeting; (2) After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible; (3) If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or public agency withdraws from the mediation process.”Â
Per Â§300.515(c), â€œa hearing or reviewing officer may grant specific extensions of time beyond the periods set out in paragraphs (a) and (b) of this section at the request of either party.â€
Per Â§300.510(e), â€œif the parties execute an agreement pursuant to paragraph (d) of this section, a party may void the agreement within 3 business days of the agreementâ€™s execution.â€ Section (d) refers to 300.510(d), which states, â€œif a resolution to the dispute is reached at the meeting described in paragraphs (a)(1) and (2) of this section, the parties must execute a legally binding agreement that isâ€”(1) Signed by both the parent and a representative of the agency who has the authority to bind the agency; and (2) Enforceable in any State court of competent jurisdiction or in a district court of the United States, or, by the SEA, if the State has other mechanisms or procedures that permit parties to seek enforcement of resolution agreements, pursuant to Â§300.537.â€