Federal education officials are warning school districts to think twice before forcing parents into potentially long and costly due process proceedings.
Under the Individuals with Disabilities Education Act, families may pursue due process or file a state complaint if they don’t believe their child has been provided appropriate school services.
However, in a “Dear Colleague” letter to education leaders across the country, officials at the U.S. Department of Education said this month that they are concerned that some school districts are moving to file for due process over issues that parents have already chosen to address via state complaints.
Such circumstances can put parents in a tough spot, the guidance notes, because states are required to wait for a due process hearing to conclude before they can take up any portion of a state complaint that is also the subject of a due process proceeding.
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