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State Complaint or Due Process?
See Chapter 11, Conflict Resolution, pages 96-100, of Educational Rights and
Responsibilities: Understanding Special Education in Illinois for more information.
If you still haven’t achieved a satisfactory solution to the problem(s), you may need to consider taking
the next step of filing a formal complaint or hearing request. Please refer to pages 99-100 of Educational
Rights and Responsibilities: Understanding Special Education in Illinois for a comparison of the two
processes.
When deciding whether to file a complaint or a request for a due process hearing, consider some of the
following questions before initiating your complaint or hearing request:
1. Has the problem occurred within the last calendar year? (If the problem arose more
than one year ago, you may have only one choice: filing for due process.)
2. Are you prepared to appeal the outcome if it’s not to your satisfaction? (If your answer
is yes, due process may be your best option because it provides for an appeal to a court
of law.)
3. Do you have the time (and if necessary, the money) to make a formal presentation of
your position in the matter? (If no, the complaint process may be the way to go because
it is a less formal way of making your case.)
4. Are you willing to use a legal representative if necessary to argue for your position? (If
no, then you may want to consider a complaint because the complaint process doesn’t
involve arguing your case as you would in a due process hearing.)
5. Are the issues in your case primarily procedural (e.g., “I didn’t receive written notice of the IEP
meeting,” or “My child’s evaluation was not completed on time.”) or are the issues primarily
substantive (e.g., “I don’t agree with the IEP team’s recommended placement,” or “I don’t
believe the district’s evaluation was adequate to identify my child’s needs.”)? If the issues focus
on procedural concerns, then a complaint is likely the best way to proceed. If the issues are
primarily substantive, then a request for a due process hearing is the most effective way to go.