Here is the information on filing a due process complaint in West Virginia. All of this information is directly taken from the Department of Education Website. The link to this brochure is here!
Special education laws and regulations ensure that all students with exceptionalities have available a Free Appropriate Public Education (FAPE). The West Virginia Department of Education (WVDE), Office
of Special Programs (OSP), is required to receive due process complaints regarding the identification, evaluation, educational placement and/or provision of FAPE for exceptional students. Due process complaints and hearings are important procedural safeguards for parents and are required by
federal law. This brochure describes the
special education due process
procedures available to
parents and students with
WVDE has a toll-free
number to discuss the
choices available in
“Who May File a Due Process Complaint?
“A parent, an adult student with an exceptionality, a school district or an attorney representing a party may request a due process complaint regarding the school district’s proposal or refusal to initiate or change the identification, evaluation, educational placement and/or the provision of FAPE to the student.”
“How do I file a due process complaint?”
“A due process complaint is filed by contacting the district superintendent or the WVDE. A due process complaint must be initiated within two years of the date the parent or district knew or should have known of the disputed decision or alleged action that forms the basis for the complaint. The request for a due process complaint must be in writing with the original signature of the parent/adult student, his or her attorney or the school district representative. The request must be sent to the other party named in the due process complaint and the WVDE.
The request for a due process complaint must include all of the following information:
• the name of the student;
• the address of the student’s residence;
• the name of the school the student is attending; • available contact information in the case of a homeless student;
• a description of the nature of the student’s problem, including facts relating to the proposed or refused initiation or change; and
• a proposed resolution of the problem to the extent known and available to the parent or the school district at the time.”
“What is the timeline for a due process complaint?
“When a parent, an adult student with an exceptionality, 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. 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 school district files the complaint, a resolution meeting is not required.”
Where should I send my request for a due process complaint?
West Virginia Department of Education Office of Special Programs
Building 6, Room 304
1900 Kanawha Boulevard, East Charleston, West Virginia 25305-0330 Phone: 304.558.2696
The West Virginia Department of Education has a sample complaint form on their website you can download or copy:
get it here. (on this page click on “Due Process Complaint Request Form.”