Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 25

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5. A description of the nature of the problem of the child relating to the proposed or refused
action, including facts relating to the problem; and
6. A proposed resolution of the problem to the extent known and available to you or the
school division at the time.
You or the school division may not have a due process hearing until you or the school division
(or your attorney or the school division's attorney) files a request for due process that includes
the information listed above.
Sufficiency of the Request for Due Process
In order for a request for due process to go forward, it must be considered sufficient. The request
for due process will be considered sufficient (to have met the content requirements above) unless
the party receiving the request for due process (you or the school division) notifies the hearing
officer and the other party in writing, within 15 calendar days of receiving the request, that the
receiving party believes that the request for due process does not meet the requirements listed
above.
Within 5 calendar days of receiving the notification the receiving party (you or the school
division) considers a request for due process insufficient, the hearing officer must decide if the
request for due process meets the requirements listed above, and notify you and the school
division in writing immediately.
Request Amendment
You or the school division may make changes to the request for due process only if:
1. The other party approves of the changes in writing and is given the chance to resolve the
request for due process through a resolution meeting, described below; or
2. By no later than 5 days before the due process hearing begins, the hearing officer grants
permission for the changes.
If the requesting party (you or the school division) makes changes to the request for due process,
the timelines for the resolution meeting (within 15 calendar days of receiving the request) and
the time period for resolution (within 30 calendar days of receiving the request) start again on the
date the amended request is filed.
School Division’s Response to a Request for Due process
If the school division has not sent a prior written notice to you, as described under the heading
Prior Written Notice, regarding the issues contained in your request for due process, the school
division must, within 10 calendar days of receiving the request for due process, send to you a
response that includes:
1. An explanation of why the school division proposed or refused to take the action raised in
the request for due process;
2. A description of other options that your child's Individualized Education Program (IEP)
Team considered and the reasons why those options were rejected;
3. A description of each evaluation procedure, assessment, record, or report the school
division used as the basis for the proposed or refused action; and
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SS/SE-4 (6/16)

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