What is the Difference Between State Administrative Complaints and Due Process Proceedings?

Special education due process is a formal procedure that addresses disagreements between a school district and parents of a student with a disability. Complaints may be initiated if parents are dissatisfied with the implementation of their child’s IEP or believe their child’s educational rights have been violated. If an amicable resolution isn't achieved, the parties will proceed to a due process hearing.

A state administrative complaint may be filed if an individual or organization believes that a local school district or another public educational agency has failed to meet a requirement under state special education law or Part B of the IDEA. This is a signed, written statement that may address claims concerning either an individual student or a group of students. Complaints alleging that a public education agency has not implemented a due process decision will undergo review and resolution through these complaint procedures.

The main difference between state administrative complaints and due process proceedings lies in their procedure and how they are carried out. The two differ in their content, how they are filed (who can file and the timeline for filing), how they are investigated, and how a decision is made (decision review and timeline).

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