Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 23

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An organization or individual may file a signed written State complaint under the procedures
described above. The State complaint must include:
1. A statement that a school division has violated a requirement of the IDEA or its
regulations;
2. The facts on which the statement is based;
3. The signature and contact information for the complainant; and
4. If alleging violations regarding a specific child:
(a) The name of the child and the address of the child’s residence;
(b) The name of the school the child is attending;
(c) In the case of a homeless child or youth, available contact information for the child,
and the name of the school the child is attending;
(d) A description of the nature of the problem of the child, including facts relating to the
problem; and
(e) A proposed resolution of the problem to the extent known and available to the party
filing the complaint at the time the complaint is filed.
The complaint must allege a violation that occurred not more than one year prior to the date that
the complaint is received as described under the heading Adoption of State Complaint
Resolution Procedures.
The party filing the State complaint must forward a copy of the complaint to the school division
serving the child at the same time the party files the complaint with the VDOE.
In Virginia, parties to the complaint (both you and the school division) have the right to appeal
the final complaint decision within 30 calendar days of the issuance of the decision.
The
Complaint Appeal Reviewer’s decision is final. Additional information regarding this appeal
process is available on VDOE’s web site noted above, or by contacting VDOE.
DUE PROCESS PROCEDURES
F
R
H
ILING A
EQUEST FOR A DUE PROCESS
EARING
You have the right to ask for a due process hearing if you and the school
cannot agree about your child’s education.
You have the right to receive
information about free or low-cost legal help.
General
You or the school division may file a request for due process on any matter relating to a proposal
or a refusal to initiate or change the identification, evaluation or educational placement of your
child, or the provision of a free appropriate public education (FAPE) to your child.
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SS/SE-4 (6/16)

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