§ 300.507 Filing a due process complaint.

Plain English summary

This section establishes the right of parents or public agencies to file a due process complaint regarding identification, evaluation, educational placement, or provision of FAPE to a child with a disability. Complaints must be filed within a two-year statute of limitations from when the parent or agency knew or should have known of the alleged violation, unless the state has its own explicit time limitation or an exception under § 300.511(f) applies. Additionally, public agencies are required to inform parents of free or low-cost legal and other relevant services when a parent requests such information or when a due process complaint is filed.

Key requirements

• A parent or a public agency may file a due process complaint on any of the matters described in § 300.503(a)(1) and (2) (relating to the identification, evaluation or educational placement of a child with a disability, or the provision of FAPE to the child).
• The due process complaint must allege a violation that occurred not more than two years before the date the parent or public agency knew or should have known about the alleged action that forms the basis of the due process complaint.
• If the State has an explicit time limitation for filing a due process complaint under this part, that State's time limitation applies, except that the exceptions to the timeline described in § 300.511(f) apply to the timeline in this section.
• The public agency must inform the parent of any free or low-cost legal and other relevant services available in the area if the parent requests the information or if the parent or the agency files a due process complaint under this section.

Affected parties

• parents of children with disabilities
• public agencies
• local educational agencies (LEAs)
• state educational agencies (SEAs)
• children with disabilities

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.507