Delaware Administrative Code
Title 14 - Education
900 - Special Populations
926 - Children with Disabilities Subpart E Procedural Safeguards for Parents and Children
Section 926-8.0 - Due Process Complaint

Universal Citation: 14 DE Admin Code 926-8.0

Current through Register Vol. 28, No. 3, September 1, 2024

8.1 General: When a party submits a due process complaint to the Secretary, that party, or the attorney representing that party, shall also provide a copy of the complaint (which shall remain confidential) to the opposing party.

8.2 Content of complaint: The due process complaint required in subsection 8.1 shall include:

8.2.1 The name of the child; and

8.2.2 The address of the residence of the child; and

8.2.3 The name of the school the child is attending; and

8.2.4 In the case of a homeless child or youth (within the meaning of section 725(2) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)), available contact information for the child, and the name of the school the child is attending;

8.2.5 A description of the nature of the problem of the child relating to the proposed or refused initiation or change, including facts relating to the problem; and

8.2.6 A proposed resolution of the problem to the extent known and available to the party at the time.

8.3 Notice required before a hearing on a due process complaint: A party may not have a hearing on a due process complaint until the party, or the attorney representing the party, files a due process complaint that meets the requirements in subsection 8.2.

8.4 Sufficiency of complaint: The due process complaint required by this section shall be deemed sufficient unless the party receiving the due process complaint notifies the hearing panel 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 subsection 8.2 of this section.

8.5 Within 5 days of receipt of notification under subsection 8.4, the hearing panel shall make a determination on the face of the due process complaint of whether the due process complaint meets the requirements in subsection 8.2, and shall immediately notify the parties in writing of that determination.

8.6 A party may amend its due process complaint only if:

8.6.1 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 Section 10.0 (resolution meeting); or

8.6.2 The hearing panel grants permission, except that the hearing panel may only grant permission to amend at any time not later than 5 days before the due process hearing begins.

8.7 If a party files an amended due process complaint, the timelines for the resolution meeting in subsection 10.1 and the time period to resolve in subsection 10.4 begin again with the filing of the amended due process complaint.

8.8 LEA response to a due process complaint: If the LEA has not sent a prior written notice under Section 3.0 to the parent regarding the subject matter contained in the parent's due process complaint, the LEA shall, within 10 days of receiving the due process complaint, send to the parent a response that includes:

8.8.1 An explanation of why the agency proposed or refused to take the action raised in the due process complaint; and

8.8.2 A description of other options that the IEP Team considered and the reasons why those options were rejected; and

8.8.3 A description of each evaluation procedure, assessment, record, or report the agency used as the basis for the proposed or refused action; and

8.8.4 A description of the other factors that are relevant to the agency's proposed or refused action.

8.9 A response by an LEA under subsection 8.8 of this section shall not be construed to preclude the LEA from asserting that the parent's due process complaint was insufficient, where appropriate.

8.10 Other party response to a due process complaint: Except as provided in subsections 8.8 and 8.9, the party receiving a due process complaint shall, 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.

(Authority: 20 U.S.C. 1415(b)(7), 1415(c)(2); 14 Del.C. § 3110)

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.