States are required to administer due process complaint procedures that align with the federal requirements under IDEA.
To assist States with meeting the requirements under IDEA, several resources have been curated or developed. These resources are not intended to interpret, modify, or replace any procedural safeguards or requirements of federal or state law.
Featured CADRE Resources
Due Process Manual
This manual includes information on the State administration of due process requirements under Part B of IDEA along with OSEP implementation guidance. Linked citations and other helpful resources, such as OSEP memos and letters are included. CADRE also offers some coaching questions and system improvement strategies for consideration.
PDF
Customizable Word Document
(Please remove CADRE and OSEP logos if customizing and indicate that customized manual was modified from State Administrative Complaints, CADRE 2021)
Customizable Slide Decks
These customizable slide decks, based on the 2013 OSEP Dispute Resolution Q&A, offer States an overview of due process complaints, expedited due process complaints, and resolution meetings, along with some guidance from OSEP. These slide decks can be customized to align with State law and better meet the needs of your audience.
IDEA DPC Overview FINAL Accessible.pptx
Webinars & Publications
- Due Process Hearing and Written State Complaint Activity for COVID-19 Issues: A Six-Month Snapshot
- Due Process in a Quarantined World The Nuts and Bolts of Effective Virtual Hearings (CADRE 2020 archived webinar)
- A Split in the Road: Issues, Outcomes, and Remedies Between and Within State Complaint and Hearing Officer Decisions (CADRE archived webinar)
- What’s New and Trending in Special Education Law and Why It Matters (CADRE 2020 archived webinar)
Additional Legal Resources
- Memos, Dear Colleague Letters, and Policy Letter of Import to IDEA Hearing Officers (2019)
- Applying Endrew F.: Practical Considerations (2019)
- COVID-19 Considerations for State Educations Agencies and IDEA Due Process Hearing Officers (2020)
- Perry Zirkel Monthly Legal Updates
Improving Your State’s Due Process Complaint System
There is considerable flexibility as to how States administer due process complaints. CADRE encourages States to assess their dispute resolution systems and processes, plan for improvement, and attend to the critical management functions of effective DR systems and processes by utilizing the information and tools found on CADRE’s Improving Your System online resource. To ensure alignment of procedures and products with federal regulations, use OSEP’s Dispute Resolution Self-Assessment tool.
For State examples, visit CADRE’s Main Library and use the filter to refine your search or post a query to the listserv to request the most updated resources from your peers.