Filing a due process complaint in Colorado for a violation of your child’s Individualized Education Program (IEP) involves several steps. Here’s a breakdown of the process:
1. Understand Due Process Rights
Under the Individuals with Disabilities Education Act (IDEA), you have the right to file a due process complaint if you believe the school has violated your child’s right to a Free Appropriate Public Education (FAPE) or failed to follow the IEP.
2. Attempt to Resolve the Issue Informally
Before filing a formal complaint, it may be helpful to try:
- Communicating with the IEP Team: Request an IEP meeting to address concerns.
- Mediation (Voluntary): Colorado offers free mediation services to resolve disputes without going through a hearing.
3. Write the Due Process Complaint
Your complaint must be in writing and include:
- Your child’s name, address, and school.
- A detailed description of the problem, including dates, events, and how the IEP was violated.
- Proposed resolution (what you want the school to do to fix the issue).
4. Submit the Complaint to the Appropriate Agency
In Colorado, send the written complaint to:
Office of Dispute Resolution (ODR)
Colorado Department of Education
1560 Broadway, Suite 1100
Denver, CO 80202
Phone: 303-866-6889
Email: dispute_resolution@cde.state.co.us
5. Participate in a Resolution Session
Within 15 days of filing the complaint, the school must hold a resolution session to try to resolve the issue unless both parties waive it.
6. Prepare for the Hearing
If the resolution session does not resolve the issue, a due process hearing will be scheduled. During the hearing:
- Both sides present evidence and witness testimony.
- An impartial hearing officer makes a binding decision.
7. Appeal if Necessary
If you disagree with the hearing officer’s decision, you may appeal in state or federal court within 90 days.
The attorneys at Brown Education Law Group LLC are trained advocates that can help you with this process. Call or email our office for a free consultation.
