WAC 392-172A-05080

As the notice states it

Heading, as printed: "Due Process Hearing Procedures"

Citation line, as printed: "34 CFR §§300.507-300.513; WAC 392-172A-05080–05125"

General

"You or the school district may file a due process hearing request on any matter relating to the identification, evaluation, or educational placement of your child or the provision of a FAPE to your child. The district must inform you of any free or low-cost legal and other relevant services available in the area when a due process hearing request is filed or when you request this information. For due process hearing procedures, “you” includes your attorney if you have retained one, and “district” includes the district’s attorney if the district is represented by an attorney."

Filing

"To request a hearing, you or the district must submit a due process hearing request to the other party. That request must contain all of the content listed below and must be kept confidential. You or the district, whichever one filed the request, must also provide OSPI’s designee, the Office of Administrative Hearings (OAH), a copy of the hearing request at the following address:"

Office of Administrative Hearings

"600 University Street, Suite 1500 Seattle, WA 98101-3126 Fax: 206-587-5135 The due process hearing request must include:"

"1. The name of the student;"

"2. The address of the student’s residence;"

"3. The name of the student’s school;"

"4. If the student is a homeless child or youth, the student’s contact information;"

"5. A description of the nature of the problem, including facts relating to the problem; and"

"6. A proposed resolution of the problem to the extent known and available to you or the district at the time."

Notice Required Before a Hearing on a Due Process Hearing Request

"You or the district may not have a due process hearing until you or the district serves a due process hearing request with the other party and provides OAH with a copy of the request that includes the information listed above."

Sufficiency of a Hearing Request

"In order for a due process hearing request to go forward, it must be considered sufficient. Sufficient means that the request meets the content requirements noted above under Filing. The due process hearing request will be considered sufficient unless the party who received the due process hearing request notifies the ALJ and the other party in writing, within 15 calendar days, that the receiving party believes the due process hearing request is not sufficient. Within five calendar days of receiving the notification of insufficiency, the ALJ must decide if the due process hearing request meets the requirements listed above, and notify you and the district in writing immediately."

Amendment of a Hearing Request

"You or the district may make changes to the hearing request only if:"

"1. The other party approves of the changes in writing and is given the chance to resolve the hearing request through a resolution meeting (if you, the parent has requested the due process hearing), described below; or"

"2. By no later than five days before the due process hearing begins, the hearing officer grants permission for the changes. If you are the party requesting the hearing and you make changes to the due process hearing request, the timelines for the resolution meeting and the time period for resolution (See: Resolution Process) start again on the date the amended request is filed, or the date the ALJ grants the request."

District Response to a Due Process Hearing Request

"If the district has not sent a prior written notice to you, as described under the heading Prior Written Notice, regarding the subject matter contained in your due process hearing request, the district must, within 10 calendar days of receiving the due process hearing request, send to you a response that includes:"

"1. An explanation of why the district proposed or refused to take the action raised in the due process hearing request;"

"2. A description of other options that your child's IEP team considered and the reasons why those options were rejected;"

"3. A description of each evaluation procedure, assessment, record, or report the district used as the basis for the proposed or refused action; and"

"4. A description of the other factors that are relevant to the district’s proposed or refused action. A district may still assert that your due process hearing request is insufficient even though it provides you with the information in items 1–4 above."

Other Party’s Response to a Due Process Hearing Request

"Except for expedited due process hearings for discipline, discussed under the section, Due Process Hearing Procedures for Discipline, the party receiving a due process hearing request must, within 10 calendar days of receiving the request, send the other party a response that specifically addresses the issues in the request. Either party may still assert that the due process hearing request is insufficient."

Heading, as printed: "Impartial Due Process Hearing"

Citation line, as printed: "34 CFR §300.511; WAC 392-172A-05080; WAC 192- 172A-05090–05100; WAC 392-172A-05160"

General

"Whenever a due process hearing request is filed, you or the district involved in the dispute must have an opportunity for an impartial due process hearing."

Administrative Law Judge (ALJ)

"The hearing will be conducted by a qualified independent ALJ, who is employed by the Office of Administrative Hearings (OAH). At a minimum, an ALJ:"

"1. Must not be an employee of OSPI or the district that is involved in the education or care of the child. However, a person is not an employee of the agency solely because he or she is paid by the agency to serve as an ALJ;"

"2. Must not have a personal or professional interest that conflicts with the ALJ’s objectivity in the hearing;"

"3. Must be knowledgeable and understand the provisions of IDEA, and federal and state regulations pertaining to IDEA, and legal interpretations of IDEA by federal and state courts; and"

"4. Must have the knowledge and ability to conduct hearings, and to make and write decisions, consistent with appropriate, standard legal practice. OSPI maintains a list of the people who serve as ALJs, which includes a statement of the qualifications for each person."

Subject Matter of Due Process Hearing

"The party that requests the due process hearing may not raise issues at the due process hearing that were not addressed in the due process hearing request, unless the other party agrees."

Timeline for Requesting a Hearing

"You or the district must file your due process hearing request within two years of the date you or the district knew, or should have known, about the issues addressed in the hearing request."

Exceptions to the Timeline

"The above timeline does not apply if you could not file a due process hearing request because:"

"1. The district specifically misrepresented that it had resolved the problem or issue that you are raising in your hearing request; or"

"2. The district withheld information from you that it was required to provide to you under Part B of IDEA."

On this site

This record is one of 33 built from the sections Washington's notice cites by number. Washington's page assembles the routes, offices, parent centers, and stated timelines from the same notice, and lists every record under its source map.

Previous: WAC 392-172A-05060–05075 · Next: WAC 392-172A-05085

Source

Notice of Special Education Procedural Safeguards for Students and Their Families (PDF), ospi.k12.wa.us; October 2023; retrieved Sep 13, 2026.

Change log

Sep 29, 2026 · Record created. Built by tools/render-citations.py from tools/packets/washington-packet.txt (capture of Sep 13, 2026): one record per section number the notice prints in full as WAC 392-172A-nnnnn; a citation printed as a range makes one record keyed on its first number, titled with the range as printed; a section cited under two headings carries both. Text is quoted, not summarized. Reviewer: Carrie Schluter, reviewed 2026-09-29. Corrections on the record in this log: hello@fieldassembly.net.