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What is Due Process?

What is it, how do I get it, and when is it necessary?


While there are many questions surrounding Due Process, one must be sure that they follow the correct steps in getting to this point because sometimes, a resolution could be made through the use of a facilitated IEP or a mediator. 

 According to ND DPI, "A due process complaint is a written document that initiates an impartial due process hearing regarding the identification, evaluation, educational placement, or the provision of a free appropriate public education (FAPE) to a child with a disability. Unlike a state complaint, only a parent or a school district may file a due process complaint"  

So how do you find where to file a Due Process Complaint?  You can find ND DPI's Brochure on Due Process/Resolution Hearing by clicking on the highlighted word or on DPI's website (en Español).  The brochure highlights the process in which you'll need to take to request a Due Process Hearing.