Mediation and ADR
Due process complaint
A formal complaint a parent or school district can file under the federal special education law about a child's identification, evaluation, placement or free appropriate public education.[1]
In more detail
Filing one leads to a due process hearing, but mediation must also be available and can happen before or after a complaint is filed.[2] Generally, the complaint must allege a violation that happened no more than two years before the parent or agency knew or should have known about it, unless the state sets its own time limit.[1]
Varies by state
This is federal law; states run hearings under it and may set their own deadline. Find your state’s rules.
Related terms
- Special education mediationFree, voluntary mediation that states must offer parents and schools for disputes under the federal special education law, the IDEA, conducted by a qualified and impartial mediator.
- Individualized education program (IEP)A written statement for each child with a disability, developed, reviewed and revised in a meeting under the federal special education rules.
- Statute of limitationsThe deadline for filing a lawsuit or starting a criminal prosecution.
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Sources
The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.
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MediationList. (2026, October 28). Due process complaint: Definition. https://mediationlist.com/glossary/due-process-complaint/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.