Special Educaon Due Process
Complaint Procedures
Michigan Department of Educaon
Oce of Special Educaon
June 2022
2
Table of Contents
Special Educaon Due Process Complaint Procedures .............................................. 3
Commonly Used Abbreviaons, Acronyms, Symbols, and Terms ........................ 3
Procedures ........................................................................................................... 5
Appendix A: Model Due Process Complaint/Request for Hearing Form .............. 7
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Special Educaon Due Process Complaint Procedures
This document includes the Michigan Department of Educaon procedures regarding
special educaon administrave due process hearings.
Commonly Used Abbreviaons, Acronyms, Symbols, and Terms
ALJ Administrave Law Judge
ESA Educaonal Service Agency
FAPE Free Appropriate Public Educaon
FERPA Family Educaonal Rights to Privacy Act
IDEA Individuals with Disabilies Educaon Act
IEP Individualized Educaon Program
IFSP Individualized Family Service Plan
ISD Intermediate School District; may also be called an educaonal service
agency (ESA), a regional educaonal service agency (RESA), or a regional
educaonal service district (RESD).
LEA Local Educaonal Agency
MARSE Michigan Administrave Rules for Special Educaon
MDE Michigan Department of Educaon
MOAHR Michigan Oce of Administrave Hearings and Rules
OSE Oce of Special Educaon
OSEP Oce of Special Educaon Programs
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Parent According to R 340.1701b(e) a parent includes:
A biological or adopve parent; a foster parent (unless otherwise prohibited
from acng as a parent).
A guardian (including a grandparent, stepparent, or other relave with
whom the child lives) authorized to make general or educaonal decisions
(but not the state if the child is a ward of the state).
A surrogate parent who has been appointed in accordance with R 340.1725f.
A person(s) idened by a judicial decree.
The student when he or she reaches the age of 18 (if a legal guardian has not
been appointed).
PSA Public School Academy (includes charter schools)
Public As dened by 34 CFR § 300.33 public agency includes: the SEA, LEAs, ESAs,
non-prot public charter schools, and any other polical subdivisions of the
state responsible for providing educaon to children with disabilies.
R Rule
RESA Regional Educaonal Service Area
RESD Regional Educaonal Service District
SEA State Educaonal Agency; an SEA is dened at 34 CFR § 300.41 as the State
board of educaon other agency or ocer primarily responsible for the
State supervision of Public elementary schools and secondary schools. The
MDE is the SEA for Michigan.
§ Secon
Agency
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Procedures
1. Delivery and Receipt
a. A due process complaint shall be delivered by hand, by mail, or electronically (fax
or email). The MDE will provide a copy of the complaint to the parent, district, and
intermediate school district by mail or electronically.
b. A due process complaint is deemed received on the day the complaint is delivered
to the MDE, excluding weekends, federal and state holidays, and days the MDE
oce is closed. In the case of a complaint received electronically (fax, email), when
the last page of the complaint is received aer 5:00 p.m., the complaint will be
deemed received on the next day the MDE oce is open.
2. Timelines and Suciency of Due Process Complaint
a. Due process melines begin the day a complaint is received by the MDE consistent
with secon one above.
b. An Administrave Law Judge (ALJ) determines whether a complaint is sucient
and is considered properly led.
3. Minimum Informaon Required
The MDE shall promptly forward the due process complaint to Michigan Oce of
Administrave Hearings and Rule (MOAHR) when the due process complaint, at a
minimum, includes:
a. Idenes the student’s name;
b. The address of the residence of the student;
c. The name of the school the student is aending.
d. In the case of a homeless student or youth; available contact informaon for the
student and the name of the school the student is aending;
e. A descripon of the nature of the problem;
f. A proposed resoluon to the extent known and available to the complainant; and
g. Signature of the complainant.
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4. Administrave Law Judge (ALJ) Decision - Implementaon and Proof of Compliance
Following the issuance of the Final Decision, the public agency shall implement the
provisions of the Final Decision and Order, as ordered by the ALJ.
5. Closure of the Due Process Complaint
The MDE will close the due process case when nal proof of compliance, meeng
the requirements in the ALJ order, is received and veried. The MDE will nofy all
the pares, and the ISD, the proof of compliance has been received and veried,
received and the complaint is closed.
Resoluon Meeng
A mandatory resoluon meeng must be held when a parent les a due process
complaint requesng a hearing. The school district will contact the parent to schedule this
meeng. The purpose of the Resoluon Meeng is to provide the parent and the district
an opportunity to discuss the parent’s complaint and to aempt to reach a prompt and
early resoluon of the dispute without going to a hearing.
In the case of a standard due process complaint, the resoluon meeng must be held
within 15 days of the district receiving noce of the parent’s due process complaint and
prior to the iniaon of a due process hearing.
In the case of an expedited due process complaint, a resoluon meeng must occur
within seven days of the district receiving noce of the due process complaint requesng a
hearing.
A resoluon meeng is always required, with excepon of when:
• The parent and district agree, in wring to waive the resoluon meeng and move
forward with the hearing process; or
• The parent and the district agree, in wring, to waive the resoluon meeng and
agree to use mediaon.
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Appendix A: Model Due Process Complaint/Request for Hearing Form
(Page 1 of 4)
Model Due Process Complaint/Request for Hearing Form
Michigan Department of Educaon Oce of Special Educaon
June 2022
Purpose
This model form may be used to submit a request for a due process hearing to resolve a
disagreement about the idencaon, evaluaon, eligibility, educaonal placement, or
manifestaon determinaon of a student, or regarding the provision of a free appropriate public
educaon for a student under the Individuals with Disabilies Educaon Act (IDEA). For any
complaint that involves a child with an Individualized Family Service Plan (IFSP), the Michigan
Department of Educaon (MDE) Oce of Great Start/Early Childhood Development and Family
Educaon is noed by the Oce of Special Educaon (OSE) to ensure coordinaon and
involvement of IDEA Part C sta in the process.
Instrucons
Complete this form and deliver by mail, electronically (email or fax), or hand-deliver it to the MDE
OSE using the contact informaon on page 4. The use of this form is not required; it is provided
to assist in ling a due process complaint. Note: The * indicates required informaon.
Complainant Contact Informaon
Name*:
Address*:
City*: State*: Zip Code*:
Email: Phone Number:
Student Informaon
Name*: Age: DOB: Grade:
Address*:
(provide contact informaon if student is homeless)
City*: State*: Zip Code*:
Parent/Guardian Informaon (if other than the person ling the complaint)
Name:
Email: Phone Number:
School Informaon
Name of the school the student aends*:
Name of the district(s) the complaint is led against:
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Problem and Facts *
What is the nature of the problem that relates to the student’s special educaon program and
what are the facts that relate to the problem? Include dates, if known. (1,000 character limit.
Aach addional pages if necessary.)
Proposed Resoluon (to the extent known) *
Briey explain how you think the issue could be resolved. (2,600 character limit. Aach
addional pages if necessary.)
Appendix A: Model Due Process Complaint/Request for Hearing Form
(Page 2 of 4)
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Mediaon: Release of Contact Informaon to SEMS
The Michigan Department of Educaon (MDE) encourages parents and districts to resolve
disputes through informal dispute resoluon processes, including mediaon.
Mediaon is a voluntary process. A trained, imparal mediator assists the pares in reaching a
mutually acceptable resoluon of the dispute between the pares. Mediators are not aliated
with any local school district nor do they represent any of the pares in a complaint. Discussions
during mediaon are condenal.
The MDE provides mediaon services at no cost to the complainant or the district if they use
Special Educaon Mediaon Services (SEMS). SEMS if funded by an MDE grant.
If you are interested in resolving a complaint through mediaon or informal resoluon, the MDE
will, with your consent, forward your name and telephone number to SEMS. SEMS will contact
you to tell you more about mediaon and other alternave dispute resoluon opons. If you
choose to parcipate in mediaon, SEMS will contact the district to determine if the district
agrees to parcipate in mediaon. If so, SEMS will make the arrangements and schedule the
mediaon meeng(s).
If you and the district agree to parcipate in mediaon aer a due process complaint has been
led, the hearing meline may be extended unl the mediaon process is completed. If the
issue is resolved through mediaon, the complaint will be withdrawn or dismissed. If the issue is
not resolved, the MDE will proceed with the due process hearing.
For more informaon about mediaon and informal dispute resoluon, see the MDE Special
Educaon Due Process Complaint Procedures or contact Special Educaon Mediaon Services
(SEMS) at 833-KIDSlST (833-543-7178) or the SEMS website
(hp://MiKidslst.org).
Yes, I am interested in mediaon and authorize the OSE to forward my name and contact
informaon to SEMS. I understand SEMS will contact me directly.
No, I am not interested in mediaon. I understand SEMS will not contact me, and at
any point, I can contact the public agency or SEMS to request mediaon. Visit the SEMS
website or call 833-543-7178 for more informaon.
Appendix A: Model Due Process Complaint/Request for Hearing Form
(Page 3 of 4)
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Submit Due Process Complaint/Request for Hearing
The due process complaint/request for hearing must be signed and mailed, hand delivered, or
electronically (fax, email) to submit to the MDE.
Signature* Printed Name Date
Michigan Department of Educaon
Oce of Special Educaon – Due Process Complaints
608 West Allegan
P.O. Box 30008
Lansing, MI 48909
Fax: 517-241-7141
Email: MDE-MIComplaints@michigan.gov
Appendix A: Model Due Process Complaint/Request for Hearing Form
(Page 4 of 4)