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Explaining the Differences between a Due Process and State Complaint in Special Education Law

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A FRIENDLY PUBLIC SERVICE ANNOUNCEMENT ABOUT DUE PROCESS COMPLAINTS AND STATE COMPLAINTS..... when to file them, when not to and the differences between the Due Process Complaint and a State Complaint.

A parent and, in some States, Advocates can file Due Process and navigate the complaint process without a specialized attorney like myself. If you know what you're doing and understand the procedure, timeline, purpose and the differences between substantive violations through establishing evidentiary harm, stagnation, regression and procedural violations where the school didn't follow the rules but didn't result in provable harm, stagnation and/or regression.

One of the above is good for a Due Process Complaint and the other is better suited for a State Complaint. You can navigate both processes successfully and with good results if you know the difference and how to do it.

Unfortunately, I've been seeing a rash of complaints being filed willy nilly and without differentiating between the two and developing either in a way that would increase the chances of success and many are then frantically passed over to my office to try and sort and clean up.... this information applies to everyone across the country but really applicable to the parents and advocates in the States where I do have an office and attorneys to assist.... Texas, Alabama, New Mexico and Michigan.

I have this page and Advocates University for this purpose and so we can raise the level of knowledge, confidence and awareness to be able to successfully navigate this process and in the right ways.

posted by mbpsj1