State Complaints & Due Process Hearings
State Special Education Complaints and Due Process hearings are the formal mechanisms for resolving disputes about the provision of special education to eligible students.
Due Process Complaint
The regulations for Part B of IDEA set forth separate procedures for State
complaints and for due process complaints and hearings. Any
individual or organization may file a State complaint alleging a violation of any Part
B or Part C requirement by a school district, the MDE, or any other public agency.
Only a parent of a child with an IEP or a school district may file a due process complaint on any matter
relating to a proposal or a refusal to initiate or change the identification, evaluation
or educational placement of a child with a disability, or the provision of a FAPE to
the child. While staff of the MDE generally must resolve a State complaint within a
60-calendar-day timeline, unless the timeline is properly extended, an ALJ must
hear a due process complaint (if not resolved through a resolution meeting or
through mediation) and issue a written decision within 45-calendar days after the
end of the resolution period, as described in the Special Education Procedural Safeguards document under the heading,
Resolution Process, unless the ALJ grants a specific extension of the timeline at
the parent's request or the school district's request. The State complaint and due process
complaint, resolution and hearing procedures are described in the resources available on this page.