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 Washington Administrative Code (Last Updated: November 23, 2016)
 Title 392. Public Instruction, Superintendent of
 Chapter 392-172A. Rules for the provision of special education.

  Section 392-172A-05080. Right to a due process hearing.  

Latest version.
  • (1) A parent or a school district may file a due process hearing request on any of the matters relating to the identification, evaluation or educational placement, or the provision of FAPE to a student.
    (2) The due process hearing request must be made within two years of, and allege a violation that occurred not more than two years before, the date the parent or school district knew or should have known about the alleged action that forms the basis of the due process complaint except the timeline does not apply to a parent if the parent was prevented from filing a due process hearing request due to:
    (a) Specific misrepresentations by the school district that it had resolved the problem forming the basis of the due process hearing request; or
    (b) The school district withheld information from the parent that was required under this chapter to be provided to the parent.
    (3)(a) Information about any free or low-cost legal and other relevant services available in the area is maintained on OSPI's web site and is provided by the office of administrative hearings to parents whenever a due process hearing request is filed by either the parent or the school district; and
    (b) School districts must provide this information to parents whenever a parent requests the information.
    [Statutory Authority: RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-05080, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. §§ 300.507 and 300.511. WSR 10-10-044, § 392-172A-05080, filed 4/28/10, effective 5/29/10. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05080, filed 6/29/07, effective 7/30/07.]
RCW 28A.155.090 and 34 C.F.R. Part 300. WSR 13-20-034, § 392-172A-05080, filed 9/24/13, effective 10/25/13. Statutory Authority: RCW 28A.155.090 and 34 C.F.R. §§ 300.507 and 300.511. WSR 10-10-044, § 392-172A-05080, filed 4/28/10, effective 5/29/10. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A-05080, filed 6/29/07, effective 7/30/07.