The due process hearing.
The due process hearing is an impartial procedure used to resolve disagreements over issues related to special education services that arise between a parent and a school division. The right of the parents or the school division to request a due process hearing is guaranteed by federal and state laws governing the education of children with disabilities.

The Office of Dispute Resolution and Administrative Services is charged with the responsibility of managing and monitoring a due process hearing system. We provide information to help individuals understand the steps for requesting and managing an impartial due process hearing. This information is not intended as legal advice or as an interpretation of the laws and regulations governing special education in Virginia. The information will, however, help in understanding the implementation of these laws and regulations.

The Office of Dispute Resolution and Administrative Services strongly believes that special education complaints are better resolved at the local level, if at all possible. Complainants and school divisions are encouraged to work together to come to an understanding of mutual concerns and come to an agreement in the best interests of children with disabilities. A statewide mediation service is available by contacting the Virginia Department of Education.

Click here for more information on the Statewide Special Education Mediation System.

What is the difference between a special education complaint and a due process hearing?
A complaint can be filed by anyone. The complaint process usually involves a review of the alleged procedural violations. An example would be a situation where services are not being provided to a child with a disability in accordance with the student’s Individualized Education program (IEP). A complaint can also focus on any particular process or procedure that is a violation of special education law or regulation.

A due process hearing is a process wherein a party alleges an issue relating to the identification, evaluation, or education of a child, or the provision of a free appropriate public education (FAPE) for the child. Due process hearings are likely to involve disputes between the parent and the local school division over the appropriateness or nature of the student’s program or services.