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Special Education: Request a Due Process Hearing
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The description below was contributed by: A visitor, on Apr 23, 2002 09:13:16AM


Appropriate age groups:
Preschool and Younger
Elementary School
Middle School
High School & Beyond

General purpose of letter:
This is a sample letter to request a due process hearing. Call your state department of education to find out who should receive this letter and what your state's process is for deciding special education disputes.

Sample letter:
Your Street Address
City, State, Zip Code
Date

Name of Person You Identified
Title
Name of Organization
Street Address
City, State, Zip Code

Dear Ms./Mr. (Name of person identified):

I am requesting a due process hearing to resolve a dispute with (Name of your town) school system. My child, (Child's name), is in (Grade level/special education classroom) at (School name). He was born on (Date of birth).

I have met with (Names of school personnel) in an effort to resolve our differences with my child's (IEP, placement, testing, or whatever) and have been unable to do so.

Please advise me as soon as possible as to the date and time of this hearing so that I can make the necessary arrangements with work (or childcare) and with those people we wish to include in the hearing. My daytime telephone number is (000) 000-0000.

I also request that this hearing be open/closed to persons other than those directly involved. (Name of child) will/will not attend the hearing.

I look forward to hearing from you as soon as possible. Thank you for your help in this matter.

Sincerely,
(Your signature)

(Your name)

cc: (Name), Director of Special Education
(Name of your attorney/advocate)

Other suggestions and comments:
Send copies of this letter to your attorney or advocate and to the director of special education for your school system. Don't forget to keep a copy of the letter you actually sign and send for your records.

It is prudent to learn all you can about your state's regulations for resolving disputes. Also, consider seeking advice from a lawyer or an advocate knowledgeable in special education litigation before you send your letter. Learn more about due process hearings and special education, communication, and letters.

Adapted from "Special Education and Related Services: Communicating Through Letter Writing" published by National Information Center for Children and Youth with Disabilities.

Other sources:
The Parent Manual published by the Federation for Children with Special Needs, Boston, MA
Parent's Complete Special Education Guide by Roger Pierangelo and Robert Jacoby

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