Engler Education Risk

First 2 Hours: What to Do After a Due Process Complaint

You just received a due process complaint. Here is what to do right now.

This checklist covers the immediate triage steps for the first two hours. It is not the full response protocol. It is the minimum you need to do before anything else.

Immediate Actions

  1. Do not respond to the complainant. Do not acknowledge receipt in writing until counsel is consulted.
  2. Notify the Superintendent or designee.
  3. Notify the Director of Special Education.
  4. Activate a document preservation hold. Instruct all relevant staff: do not delete, alter, or move any records related to the student.
  5. Identify the student’s current IEP team and case manager.
  6. Locate and secure the student’s complete special education file.
  7. Contact defense counsel. If you do not have retained counsel, begin that process immediately.
  8. Document the time and method of complaint receipt.

Stop Here

After completing these steps, stop. Do not begin substantive response work until counsel is engaged. The full Due Process Rapid Response Protocol provides the complete 72-hour sequence.

Get the Full Protocol: The Due Process Rapid Response Protocol covers the complete 72-hour response sequence, including role assignment, document assembly, privilege flags, and escalation triggers.

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This checklist is part of the Engler Education Risk Protocol Library. Risk pools and carriers: see portfolio licensing.

Frequently Asked Questions

Should we respond to the parent immediately?

No. Do not respond to the complainant or acknowledge receipt in writing until you have consulted with defense counsel. Premature written responses can create complications.

Who should be notified first?

Notify the Superintendent or designee first, then the Director of Special Education. These are the two individuals who need to authorize the response process and engage counsel.

What records need to be preserved?

All records related to the student named in the complaint. This includes the IEP file, evaluation records, communication logs, email, meeting notes, and any electronic records. Issue a preservation hold to all relevant staff immediately.

When should we contact an attorney?

Within the first two hours. If your district has retained SPED defense counsel, contact them immediately. If not, begin identifying qualified counsel in your jurisdiction as a first-priority action.