Although people often confuse compliance complaints with due process, there is a key difference:
- Due Process: When there is a disagreement about what should be included in a student’s IEP, or where or how the IEP should be implemented, a due process hearing is appropriate. This process addresses disputes over the content and placement of a student’s program.
- Compliance Complaint: When a school district has failed to follow special education laws or procedures, or has not implemented specific provisions already agreed upon in the student’s IEP, a compliance complaint is appropriate. This process addresses issues of rule-following and adherence to the IEP as written.
In short, due process addresses disputes over what should be in the IEP, while a compliance complaint addresses situations where the district has not followed the rules or fulfilled its obligations under the IEP.