Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 22
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443. Provide the school division with the opportunity to respond to the complaint, including,
at a minimum: (a) at the option of the school division, a proposal to resolve the
complaint; and (b) an opportunity for a parent who has filed a complaint and the agency
to agree voluntarily to engage in mediation;
4.
Review all relevant information and make an independent decision as to whether the
school division is violating a requirement of the IDEA; and
5. Issue a written decision to the complainant that addresses each allegation in the complaint
and contains: (a) findings of fact and conclusions; and (b) the reasons for VDOE’s final
decision.
Time Extension; Final Decision; Implementation
VDOE’s procedures described above also must:
1. Permit an extension of the 60 calendar-day time limit only if: (a) exceptional
circumstances exist with respect to a particular State complaint; or (b) the parent and the
school division voluntarily agree to extend the time to resolve the matter through
mediation or alternative means of dispute resolution.
2.
Include procedures for effective implementation of VDOE’s final decision, if needed,
including: (a) technical assistance activities; (b) negotiations; and (c) corrective actions
to achieve compliance.
State Complaints and Due Process Hearings
If a written State complaint is received that is also the subject of a due process hearing as
described below under the heading Filing a Request for Due Process, or the State complaint
contains multiple issues of which one or more are part of such a hearing, VDOE must set aside
the State complaint, or any part of the State complaint that is being addressed in the due process
hearing until the hearing is over. Any issue in the State complaint that is not a part of the due
process hearing must be resolved using the time limit and procedures described above.
If an issue raised in a State complaint has previously been decided in a due process hearing
involving the same parties (you and the school division), then the due process hearing decision is
binding on that issue and VDOE must inform the complainant that the decision is binding.
VDOE must resolve any complaint alleging a school division’s failure to implement a due
process hearing.
F
C
ILING A
OMPLAINT
You have the right to file a complaint with VDOE, but your complaint must
contain specific information.
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