OSEP Expands Enforcement of Special Education Rights

Thursday, August 18, 2011

school_suppliesIf a parent discovers a school district violated education rights after the student has ceased receiving special education services in that district, a remedy may still be available.

In October, 2010, the Federal Office of Special Education Programs (OSEP) issued a letter which affirmed the right to file due process wherever the student is located provided that the request to due process is filed within the time limits (2 years minimum in Ohio; possibly longer under certain circumstances). OSEP cited the relevant statute and rules, concluding that “Nothing in the IDEA limits a parent's right to file a due process complaint against an LEA that the child previously attended, provided the violation occurred within two years of the time the parent filed the due process complaint.”

If a request for due process has been filed within the two year limit, the remedies are available regardless of whether the student is receiving services from the district where the violations occurred. OSEP found that a Minnesota law was inconsistent with Federal requirements because the Minnesota law required filing due process while the student was still in the district where the violations occurred. The same principle applies when a student has graduated or aged out of special education services.

- Posted by Franklin Hickman

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