Due Process Complaints

A parent, an adult student with an exceptionality, a local educational agency (LEA) or an attorney representing a party may file a due process complaint regarding the LEA's proposal or refusal to initiate or change the identification, evaluation, educational placement and/or the provision of FAPE to the student.

A due process complaint must be initiated within two years of the date the parent or LEA knew or should have known of the disputed decision or alleged action that forms the basis for the complaint. A due process complaint must be in writing and contain the signature of the parent/adult student, his or her attorney or the LEA representative.

The request must be sent to the other party named in the due process complaint and to either Teresa Brown (teresa.l.brown@k12.wv.us), or the WVDE at: 

Office of Special Education
Building 6
1900 Kanawha Boulevard, East
Charleston, WV 25305-0330

When a parent, an adult student, or his or her attorney files a due process complaint, a resolution meeting shall be held within 15 calendar days. A due process hearing will be scheduled if no resolution is reached within 30 days of receipt of the complaint. The 45-day hearing timelines commence at this point.

A resolution meeting need not be held if both parties agree in writing to waive the resolution meeting or both parties agree to participate in mediation. If the LEA files the complaint, a resolution meeting is not required.

In certain discipline cases, an expedited (faster) due process hearing must occur within 20 school days of the date the hearing is requested and must result in a determination within 10 school days after the hearing. Unless the parents and the LEA agree in writing to waive the resolution meeting or agree to use mediation, a resolution meeting must occur within 7 calendar days of receiving notice of the due process complaint. The hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 calendar days of receipt of the due process complaint.

What if a due process hearing decision is not implemented?

The parent may file a state complaint with the WVDE, OSE. The WVDE, OSE will conduct an investigation through the complaint process. A letter of findings will be issued within 60 calendar days of receipt of the parent’s written complaint.