Due process complaint dismissed without prejudice for lack of service.

Topic: Special Education, Decided by: Judge Howells 
Docket Number: ***** , Decision Date: April 18, 2014 
Attachment: Click here to download the decision. 

Plaintiff, a parent filing a due process request under the Individuals with Disability Education Act (IDEA), did not comply with the Department of Education’s rule, which provides that the initiating party must provide a copy of the complaint to the school district’s superintendent at the same time as serving the state.  Plaintiff was given ten days to show service upon the superintendent before the case was dismissed without prejudice for his failure to do so.

Scroll to Top