The IDEA provides the right to file a complaint with the State Education Agency and the right to file a due process hearing request. Each has specific timeline requirements. A parent who engages an attorney and prevails in a due process hearing may petition the district court for an award of attorneys’ fees and related costs.8 All students with disabilities are protected by the ADA and Section 504. Students with disabilities who require specially designed instruction are protected by the IDEA. Not all students with disabilities are eligible under the IDEA. Legal actions available to students with disabilities Parents, a student who is 18 years old or older, or unrelated persons who allege violations of the IDEA may file an Oregon Department of Education (ODE) complaint. OAR 581-015-2030. Parents who allege violations of the IDEA may file a Due Process Hearing Request (DPHR). OAR 581-015-2345. Parents of a child protected only under Section 504 may file a DPHR (but not an ODE complaint). OAR 581-015-2395. ODE Complaints The advantage of an ODE complaint is it is relatively fast and does not require an attorney. A parent files their complaint alleging violations of the IDEA, provides examples referencing evidence they have collected showing the violation has occurred, and sends the complaint to the superintendent of the school district and to the ODE. The ODE assigns a complaint investigator who contacts the district, clarifies the allegations, collects evidence, and often interviews staff and administrators. The investigator contacts the parent for an interview and to collect evidence. The investigator then submits a report to the Assistant Superintendent in the ODE Office of Enhancing Student Opportunities who then issues a Findings of Fact, Conclusions of Law and Final Order. The Order will reach a finding that the parent’s allegations were not substantiated, partially substantiated, “All students with disabilities are protected by the ADA and Section 504. Students with disabilities who require specially designed instruction are protected by the IDEA. Not all students with disabilities are eligible under the IDEA.” See Students With Disabilities p. 34 33 Trial Lawyer | Summer 2024
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