Step 3 – The Due Process Complaint

Filing Your Case

IDEA guarantees that your State provide “an opportunity for any party to present a complaint with respect to any matter relating to the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child” within 2 years from when you discovered the problem or issue. 20 U.S.C. 1415(b)(6).

Complaint Form

The State is required to provide a form to simplify the process of filing a due process complaint for parents. 20 U.S.C. 1415(b)(8). New Jersey has provided a standard form that parents can use. Click here to download that form. Your Complaint will identify the parties, but most importantly the nature of the dispute between you and the school district. See typical issues in Step 1.

Sufficiency of the Complaint

A due process complaint must contain the following information:

  • the name of the child, the address of the residence of the child (or available contact information in the case of a homeless child), and the name of the school the child is attending;
  • a description of the nature of the special education dispute; and
  • a proposed resolution of the problem to the extent known and available to the party at the time.

20 U.S.C. 1415(b)(7)(A)(ii). If this information isn’t provided in full, the school district may seek to have the complaint dismissed as “insufficient” within 15 days. 20 U.S.C. 1415(c)(2)(A). Otherwise, the school must file an answer to the complaint within 10 days of receipt and explain why it proposed or refused to take such action, what other options it considered, the evaluations or records used to support its action, and the factors relevant to its decision. 20 U.S.C. 1415(c)(2)(B)(i)(I).

Parties to the Case

As parent, you are the “Petitioner” filing the complaint on behalf of your child. “Parent” is defined in IDEA to include a natural, adoptive, or foster parent, guardian or another person legally responsible for the child. 20 U.S.C. 1401(23).

Your local school district is called a “Local Educational Agency”. 20 U.S.C. 1401(19). That agency/school district is the “Respondent” to your complaint. This is typically not just the school your child is attending, but rather the school district or regional board of education. Wikipedia maintains a list of New Jersey school districts by county. You should properly identify the school district on your due process complaint (on form, “District responsible for student”) as well as the actual school your child attends (on form, “Name and location of school student is currently attending”).

When Must You Bring Your Complaint? (Statute of Limitations)

A due process complaint must be filed no later than two (2) years after a party discovers the problem. “A parent or agency shall request an impartial due process hearing within 2 years of the date the parent or agency knew or should have known about the alleged action that forms the basis of the complaint,” unless the school district misrepresents the problem is resolved or withholds information from the parent. 20 U.S.C. 1415(f)(3)(C) and (D). New Jersey follows this same two (2) year timeline. N.J.A.C. 6A:14-2.7(a)(1).

Filing and Serving the Complaint

Once completed, you file the complaint with the New Jersey Department of Education, Office of Special Education (“OSE”). N.J.A.C. 6A:14-2.7(c). You can either mail a hard copy to:

Director
Office of Special Education (OSE)
NJ Department of Education
P.O. Box 500
Trenton, NJ 08625-0500

or send it as an attachment to an email to osepdisputeresolution@doe.nj.gov. You will get an automated email response acknowledging receipt of the complaint.

You must also mail or email a copy of the complaint to the other party (the “Respondent”). N.J.A.C. 6A:14-2.7(c). This is typically the Superintendent of the school district, Principal of your child’s school, or the Director of Special Education in your school district. Look on your school district’s website to identify one of these people and their address or email.

Amendment of the Complaint

If you have forgotten something important in the complaint after you’ve filed it or if something new has come up before the hearing, you may wish to amend your complaint. “A party may amend its due process complaint notice only if (I) the other party consents in writing to such amendment and is given the opportunity to resolve the complaint through a [Resolution Meeting] . . . or (II) the hearing officer (ALJ) grants permission, except that the hearing officer may only grant such permission at any time not later than 5 days before a due process hearing occurs.” 20 U.S.C. 1415(c)(2)(E).

What Happens Next?