Wash. Admin. Code § 392-172A-05080 - Right to a due process hearing
(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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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.