Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 24

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The request for due process must allege a violation that happened not more than two years before
you or the school division knew or should have known about the alleged action that forms the
basis of the request for due process.
The above timeline does not apply to you if you could not file a request for due process within
the timeline because:
1. The school division specifically misrepresented that it had resolved the issues identified
in the request; or
2. The school division withheld information from you that it was required to provide you
under the IDEA.
Information for Parents
The school division must inform you of any free or low-cost legal and other relevant services
available in the area if you request the information, or if you or the school division file a request
for due process. VDOE has a statewide listing of such services available on its web site at:
Then under “Due Process Documents”, click on “Legal Advocacy Groups and Resources for
Special Education”.
Virginia law allows the parties to a due process hearing to be represented by non-attorneys.
Code of Virginia, § 22.1-214 C.
R
EQUEST FOR DUE PROCESS
Your request for due process must include certain information. You have the
right to have the request kept confidential.
You have the right to have a
response to your request.
General
In order to request a hearing, you or the school division (or your attorney or the school division's
attorney) must submit a request for due process to the other party. That request for a due process
hearing must contain all of the content listed below and must be kept confidential.
You or the school division, whichever one filed the request for a hearing, must also provide
VDOE with a copy of the request.
Content of the Request
The request for due process must include:
1. The name of the child;
2. The address of the child’s residence;
3. The name of the child’s school;
4. If the child is a homeless child or youth, the child’s contact information and the name of
the child’s school;
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