Dated April 19, 2001

Judith A. Douglas

Director, Due Process and Complaints

Virginia Department of Education

P.O. Box 2120

Richmond, VA 23218-2120

Dear Ms. Douglas:

This is a response to your letter dated January 5, 2001, requesting
clarification of the requirements to convene a due process hearing under
the Individuals with Disabilities Education Act (IDEA). In addition to
your letter, additional documentation, including copies of the eleven
separate complaints referenced in your letter, was provided to the
Office of Special Education Programs. Specifically, you ask whether a
State educational agency (SEA) is required to convene a due process
hearing when a parent challenges the result of a special education State
complaint finding that does not concern that parent's child and when a
parent is not representing a specific child with a disability. Your
letter also states that the complainant, X, filed these eleven
complaints with the SEA, and now requests a due process hearing as an
appeal to the findings of each complaint.

The parent of a child with a disability or a public agency may initiate
a due process hearing on any matter relating to the identification,
evaluation or educational placement of a child with a disability, or the
provision of a free appropriate public education (FAPE) to the child.
See 34 CFR §§300.503(a)(1), 300.507. In other words, only the parent of
a child with a disability or the public agency is entitled to initiate a
due process hearing under the matters in section 300.503(a)(1) with
respect to the specific child in question.

For purposes of clarification, however, not only a child's parent, but
any organization or individual, may file a signed written complaint with
the SEA. Such a complaint must include: (1) a statement that a public
agency has violated a requirement of Part B of the IDEA or its
implementing regulations; (2) the fact(s) on which the statement is
based; and (3) an allegation of a violation that did not occur more than
one year prior to the date that the complaint is received unless a
longer period is reasonable because the violation is continuing, or the
complainant is requesting compensatory services for a violation that
occurred not more than three years prior to the date the complaint is
received. See 34 CFR §300.662. The State compliant procedures must be
available for resolving any complaint that meets the requirements of
section 300.662, including: (1) complaints that raise systemic issues,
and (2) individual child complaints.

Parents may use (but are not required to use) the State complaint
procedures, in addition to the due process hearing system, to resolve
disagreements with public agencies over any matter concerning the
identification, evaluation, or educational placement of their child, or
the provision of FAPE to their child, as well as any other allegation
that a public agency has violated Part B of the IDEA.

Moreover, it is our understanding that X is a resident of X County,
Virginia, where his child attends public school. However, none of the
eleven complaints filed by X regarding his child nor allege violations
of the IDEA by the County School District where his child attends
school. In addition, we find nothing in the information provided to
indicate that X had authorization or parental consent to advocate or
represent individual children with disabilities with respect to the
eleven complaints. Although the IDEA provides the opportunity for anyone
to file a written complaint against a public agency that raises systemic
issues, among other issues, under the complaint provisions of the IDEA
consistent with section 300.662, due process is not available unless it
relates to the child's identification, evaluation, or educational
placement or the provision of FAPE to the parent's child. Based on the
information reviewed by this office, it appears that the Virginia
Department of Education would have a basis for denying X's request for a
due process hearing. However, in situations where there is any doubt
about whether to convene a due process hearing, the public agency should
appoint the hearing officer and the hearing officer should make a
determination regarding the disposition of the matter.

We hope that this information is helpful. If you need further
information regarding this matter, you may contact Claudia Brewster at
202-205-5578, Troy Justesen at 202-205-9053, or JoLeta Reynolds at
202-205-5507.

> Sincerely,
>
> /signed Patricia J. Guard/
>
> Patricia J. Guard
>
> Acting Director
>
> Office of Special Education Programs

cc: Douglas Cox

Virginia State Director of Special Education