Due Process and Eligibility

The section of the Office of Special Education Procedural Support that establishes and maintains procedures to ensure that all eligible students with disabilities receive a free and appropriate public education (FAPE).

The Due Process and Eligibility section of the Office of Special Education Procedural Support:

  • Monitors and maintains compliance with local, state, and federal regulations relating to special education programs and
  • Implements the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, for student related issues. 

Functions include:

  • Training  
  • Eligibility  
  • Due Process (Administrative Reviews, Mediation, Impartial Due Process Hearings, Courts) 
  • Independent Educational Evaluations 
  • Complaints (Virginia Department of Education, Office for Civil Rights) 
  • Surrogate Parents  
  • Consultation (Parents, School Staff)

Individualized Education Program (IEP) Information

Parents and school staff members develop a written individualized education program (IEP) by describing a student’s special learning needs and the special education services to be provided to meet those needs.The IEP team consists of parents; the student, as appropriate; the student’s teacher; a general education teacher if the student participates or may participate in general education classes; a representative of the school system who is qualified to provide or supervise special education services; and others as requested.

The Individuals with Disabilities Education Act (IDEA) and the Virginia special education regulations require that an IEP contain the following:

  • A statement of the child’s present levels of academic and functional performance, as well as any concerns of the parents.
  • A statement of measurable annual goals which may also include short-term objectives.
  • A description of how the child’s progress toward meeting the annual goals will be measured, and when progress reports will be provided.
  • A statement of the special education and related services and supplementary aids and services to be provided to the student.
  • A statement concerning the extent to which the student will participate in general education.
  • A list of required curriculum, testing, and classroom accommodations and modifications.
  • A statement concerning the extent to which a student will participate in the divisionwide and statewide assessment programs and accommodations that a student will need during testing. If the student will not participate in the assessments, the IEP must indicate how the student will be assessed.
  • The date when special services and modifications will begin and the frequency, location, and duration of the services.
  • A statement of needed transition services for students 14 years of age, or younger if determined by the IEP team.
  • Primary contact person: principal, special education teacher, or procedural support liaison (PSL).

Free Appropriate Public Education (FAPE) Information

In accordance with Public Law 108-446, the Individuals with Disabilities Education Act of 2004, and the Regulations Governing Special Education Programs for Children with Disabilities in Virginia, Fairfax County Public Schools announces to patrons the existence of Free Appropriate Public Education programs to meet the unique needs of students with disabilities, ages 2 through 21, and that these programs and all services related to the determination of eligibility, including medical evaluations, shall be provided at public expense and without charge. Persons desiring more information about these programs and services should contact the Office of Special Education Procedural Support at 571-423-4290.


For more information on Due Process and Eligibility please call 571-423-4470.