Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 21

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educational placement of a child with a disability, or the provision of a free appropriate public
education (FAPE) to the child.
VDOE staff generally must resolve a State complaint within a 60-calendar-day timeline, unless
the timeline is properly extended. An impartial due process hearing officer must hear a request
for due process (if not resolved through a resolution meeting or through mediation) and issue a
written decision within 45-calendar-days after the end of the resolution period, as described in
this document under the heading Resolution Process. The hearing officer may grant a specific
extension of the timeline at your request or the school division's request.
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DOPTION OF
OMPLAINT
ESOLUTION
ROCEDURES
General
VDOE must have written procedures for:
 Resolving any complaint, including a complaint filed by an organization or individual
from another state;
 The filing of a complaint with VDOE;
 Widely disseminating VDOE’s complaint procedures to parents and other interested
individuals, including parent training and information centers, protection and advocacy
agencies, independent living centers, and other appropriate entities.
VDOE’s Complaint Resolution Procedures are available at:
Remedies for Denial of Appropriate Services
In resolving a State complaint in which VDOE has found a failure to provide appropriate
services, VDOE must address:
1. The failure to provide appropriate services, including corrective action appropriate to
address the needs of the child; and
2. Appropriate future provision of services for all children with disabilities.
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INIMUM
OMPLAINT
ESOLUTION
ROCEDURES
Time Limit; Minimum Procedures
VDOE must include in its complaint resolution procedures a time limit of 60 calendar days after
a complaint is filed to:
1. Carry out an independent on-site investigation, if VDOE determines that an investigation
is necessary;
2. Give the complainant the opportunity to submit additional information, either orally or in
writing, about the allegations in the complaint;
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SS/SE-4 (6/16)

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