Due Process Timelines

puppies tugging on a rope
CDE investigation of complaint and issue written decision:

60 days after complaint is filed.


Schedule pre-hearing mediation:

Within 10 days of school receiving complaint, school must send parent written response.

Within 15 days of receipt by Superintendent of request for mediation.


Pre-hearing mediation:

  • Within 30 days after request.


Filing of Due Process Claim:

  • Must file within 2 years of date party knew, or should have known, of facts underlying basis for request.


Raising issue of Due Process Request is insufficient:

  • Within 15 days of receipt of DPH request.
  • Within 15 days of receiving complaint, non-complaining party must notify assigned hearing officer if believes notice is defective.


Hearing Officer determination of sufficiency of Due Process Request:

  • Within 5 days of receipt of notification of belief that notice is insufficient, hearing officer must make decision regarding adequacy of notice.


Hold and render decision on due process hearing:decorative

  • Within 45 calendar days after the expiration of the 30 days of receipt of due process hearing request.


Notice of attorney representation in due process hearing:

  • At least 10 calendar days prior to hearing.


Notice of issues and proposed resolution in due process hearing:

  • At least 10 calendar days prior to hearing.


Copies of documents to be presented at hearing, list of witnesses and general areas of testimony:

  • At least 5 days prior to hearing.
  • Notice may be amended by agreement, or by hearing officer decision, so long as amendment is completed and filed at least 5 days before the hearing. If notice is amended, the remaining due process timeliness apply from date of receipt of amended notice.


File an appeal to a due process hearing decision:

  • Within 90 days of receipt of hearing decision.