What is the Difference Between a State Complaint and Due Process?

There are times where a parent of a child with special needs has a valid complaint against their child’s school or school district. There may be some confusion about what complaint to make and where to make it.

State complaints and due process complaints are two separate means to allege a violation by the LEA, or Local Education Authority (typically the school district) of any Part B requirement of their state or federal special education law (Individuals with Disabilities Education Act, “IDEA”).  This article will explain the differences between the two types of complaints, and which mechanism would best serve you should there be a disagreement between you as the parent/guardian and your child’s LEA.

Subject Matter

A state complaint or resolution system considers violations of any state or federal education law. An example would be if a child’s IEP slated him to have speech 1 time a week and no speech was provided for 2 months then a state complaint should be filed.
A due process complaint considers the proposal or refusal to initiate or change the identification, evaluation or educational placement of a child with a disability, or the provision of FAPE to a child. An example would be If a child is placed in a center-based program or given a category of eligibility that the parent(s)/guardian(s) disagrees with, i.e. cognitive impairment, then a due process complaint would be the proper mechanism.
Please visit the following link for the full article that goes into detail of how to file a complaint and what steps to take. www.http://www.friendshipcircle.org/blog/2014/02/06/what-is-the-difference-between-a-state-complaint-and-due-process/?utm_source=Friendship+Circle+Blog&utm_campaign=6b709b7c78-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_3ec270b4ae-6b709b7c78-199156493