Due Process Rapid Response Protocol — First 72 Hours

A due process complaint has been filed. The next 72 hours determine whether your district’s response is organized or reactive.

This protocol provides a sequenced operational response framework. It covers:

Hour 0–2: Initial triage, notification chain, and privilege flag activation
Hour 2–24: Document assembly, custodian identification, and records hold
Day 1–3: Counsel engagement, team role assignment, and response timeline mapping

Every step is time-bound. Every action is assigned to a role. Escalation triggers tell you when to stop and consult counsel.

What This Protocol Covers

Response timeline management
Document assembly and privilege-flag sequence
Role assignment (who does what, and when)
Escalation triggers and stop conditions
Communication templates for internal notification

What This Protocol Does Not Cover

Hearing strategy or testimony preparation
Settlement negotiation or merits analysis
Legal advice or case-specific recommendations
State-specific procedural requirements beyond federal IDEA

Stop / Escalate

This protocol includes explicit stop conditions. When you reach a stop condition, pause the protocol and consult qualified SPED defense counsel before proceeding. Stop conditions are not suggestions. They are operational boundaries.

Purchase This Protocol — $199 Get District License — $1,500/year

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

Frequently Asked Questions

What should we do in the first 2 hours after receiving a due process complaint?

See the First 2 Hours Checklist for immediate triage steps. The full protocol covers the complete 72-hour response sequence.

Does this protocol tell us how to win a hearing?

No. This protocol covers operational response management: timelines, document assembly, role assignments, and escalation triggers. Hearing strategy is the responsibility of your defense counsel.

Can non-lawyers follow this protocol?

Yes. This protocol is designed for school district administrators, directors of special education, and compliance staff. It includes stop conditions that indicate when to consult counsel.

Is this protocol updated for current IDEA regulations?

The protocol reflects general federal IDEA requirements as of the version date printed on the cover page. State-specific requirements are not addressed. Check the version date to confirm currency.