States are required to administer due process complaint procedures that align with the federal requirements under IDEA. For Part C due process complaints and hearings, states have the option to adopt either Part C or Part B of the IDEA procedures.
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 for States Adopting Part C Procedures
This manual includes information on the state administration of due process requirements under IDEA for States that have adopted Part C Procedures. 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.
(Please remove CADRE and OSEP logos if customizing and indicate that customized manual was modified from State Administration of Early Intervention Due Process Complaints & Hearings—Adopting Part C Procedures, CADRE 2022.)
Due Process Manual for States Adopting Part B Procedures
This manual includes information on the state administration of due process requirements under IDEA for States that have adopted Part B Procedures. 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.
(Please remove CADRE and OSEP logos if customizing and indicate that customized manual was modified from State Administration of Early Intervention Due Process Complaints & Hearings—Adopting Part B Procedures, CADRE 2022.)
Webinars & Publications
- Part C Dispute Resolution: Customizable Hearing Officer Training Resources
- Due Process in a Quarantined World The Nuts and Bolts of Effective Virtual Hearings (CADRE 2020 archived webinar)
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.
OSEP Resources
- IDEA Part C Dispute Resolution Regulations
- States That Choose to Adopt the Part C Due Process Hearing Procedures Under Section 639 of the Act
- States That Choose to Adopt the Part B Due Process Hearing Procedures Under Section 615 of the Act
- 303.440 — Filing a due process complaint
- 303.441 — Due process complaint
- 303.442 — Resolution process
- 303.443 — Impartial due process hearing
- 303.444 — Hearing rights
- 303.445 — Hearing decisions
- 303.446 — Finality of decision; appeal; impartial review
- 303.447 — Timelines and convenience of hearings and reviews
- 303.448 — Civil action
- 303.449 — State enforcement mechanisms
- Questions and Answers on IDEA Part B Dispute Resolution Procedures (2013)