Your Family'S Special Education Rights – Virginia Procedural Safeguards Notice, Virginia Department Of Education, Division Of Special Education And Student Services Page 26
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444. A description of the other factors that are relevant to the school division’s proposed or
refused action.
Providing the information in items 1-4 above does not prevent the school division from asserting
that your request for due process was insufficient.
Other Party Response to a Request for Due Process
Except as stated under the sub-heading immediately above, School division’s response to a
request for due process, the party receiving a request for due process must, within 10 calendar
days of receiving the complaint, send the other party a response that specifically addresses the
issues in the request.
M
F
ODEL
ORMS
You have the right to use model forms to help you request due process.
VDOE must develop model forms to help you file a request for due process and a State
complaint. However, VDOE or the school division may not require you to use these model
forms. In fact, you can use this form or another appropriate model form, so long as it contains
the required information for filing a request for due process or a State complaint. VDOE’s model
form is available at:
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HILE THE
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Except in specialized circumstances, your child has the right to continue
getting the same educational services until the due process is resolved, unless
you and the school division make a different agreement.
Except as provided below under the heading Procedures When Disciplining Children with
Disabilities, once a request for due process is sent to the other party, during the resolution
process time period, and while waiting for the decision of any impartial due process hearing or
court proceeding, unless you and VDOE or school division agree otherwise, your child must
remain in his or her current educational placement.
If the request for due process involves an application for initial admission to public school, your
child, with your consent, must be placed in the regular public school program until the
completion of all such proceedings.
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