NDDPI - DUE PROCESS COMPLAINT SFN 9461 (03-2017)

DUE PROCESS COMPLAINT

DEPARTMENT OF PUBLIC INSTRUCTION SPECIALLY DESIGNED SERVICES SFN 9461 (07-2024)
A Due Process Complaint may be initiated by a public agency, a parent, or a legal guardian for the purposes set forth in the guidelines and regulations for "Due Process and Review" published in the Annual Program Plan, Part B, Individuals with Disabilities Education Act as Amended by P.L. 108-446 [IDEA 2004] and distributed by the Department of Public Instruction. The regulations contained in this publication should be studied thoroughly before completing this Due Process Complaint. Whenever a due process complaint is received, the parties involved are provided a due process hearing to resolve the dispute. A due process hearing is a formal legal proceeding. A due process complaint should be considered only if all efforts at the local level for agreement have failed.
Have you considered the option of mediation for these issues?*

YesNo
Parent Filing Due Process Complaint

A parent may file a due process complaint if:

The parent disagrees with a proposal or refusal by a local school district or another public agency operating an education program to initiate or change the identification, evaluation, or educational placement of the child with a disability or the provision of a free appropriate public education (FAPE) to the child (34 CFR § 300.507(a)).

School District Filing Due Process Complaint

A local school district or other public agency operating an educational program may file a due process complaint:
- When a parent refuses consent for initial evaluation.
- To demonstrate that the school district has conducted an appropriate evaluation.
- To demonstrate that the school district has offered a free appropriate public education.
Complete and return both pages to ND Department of Public Instruction, Office of Specially Designed Services, 600 E Blvd. Ave., Dept. 201, Bismarck, ND 58505-0440. Your due process complaint must include a detailed statement describing the problem(s), a proposed resolution of the problem. It must be signed by the party initiating the request (parent/guardian or school district). (Federal regulations at 34 CFR §300.508)
Name of Person Requesting the Hearing*
Telephone Number*
Date of Request*

MonthDayYear
Date
Address*

Address

Street Address Line 2

CityState

ZIP Code
Name of Child*
Childs Date of Birth optional

MonthDayYear
Date
Name of School Child Attending*
Child's Address (optional, if different than above).
City
State
ZIP Code
Description of Problem(s) including facts relating to the issue.*
Proposed Solution(s) to the problem(s).*
Signature of Person Requesting Hearing*

Clear
Relationship to the Child*
Date*

MonthDayYear
Signature of Person Requesting Hearing

Clear
Relationship to the Child
Date

MonthDayYear
Signature and Declaration of Delivery

I assert by signing this document that a copy of this request was delivered (check one) to the other party involved in this conflict on the date indicated below.
Signature of Sender*

Clear
Name of Other Party*
Date*

MonthDayYear
The copy of this request was (check one)

MailedHand delivered
Should be Empty: