Due Process
Parents or educational agencies may resolve educational disputes through a mechanism called due process. Due process differs from other dispute resolution opportunities in that a Hearing Officer decides the dispute for the parties. Throughout the due process proceedings, resolution through mediation remains available to the parties. In addition, during the proceedings the parties may settle some or all of the issues among themselves at any time.
Information about Due Process for students who receive gifted education and children who receive Early Intervention is found on the following pages:
Due process hearings are similar to trials, with the Hearing Officer presiding and acting as a judge. An attorney will represent the educational agency. The parent may also be represented by an attorney, or may proceed without counsel. Witnesses are questioned and cross-examined, and evidence is admitted into the record for the Hearing Officer’s consideration. At the conclusion of the hearing, the Hearing Officer issues a written decision, which is a legally enforceable document setting forth the legal obligations of all the parties.
The Office for Dispute Resolution (ODR) is a federally-funded project under IDEA and provides facilitations, mediations and due process hearings for all students with disabilities. All facilitations, mediations, and due process hearings related solely to Chapter 15/Section 504 and all associated costs are the responsibility of the respective LEA. If a due process hearing involves a combination of IDEA and Chapter 15/Section 504 issues, the respective LEA would be responsible for paying for their copy of the transcript.
Due Process Complaint Notice*1
INSTRUCTIONS: When filling out the PDF version of the form to submit via e-mail, save a copy to your computer and attach it as an e-mail attachment in your e-mail client. Examples of an e-mail client include Microsoft Outlook and web based e-mail such as Gmail and Hotmail. The request should be sent to ODR@odr-pa.org
A request for a due process hearing must be made in writing to both ODR and the school. The following form can be used for both early intervention and school age children.
Due Process Complaint Notice (PDF)
(English – Online Submission)
(Español – Online Submission)
*The actual due process complaint form is not required but is available to help make sure you are including all the required information. If you are more comfortable writing a letter or email, rather than completing a form, you can do so. Just be certain that you include all the required information asked on the form.
1If you need the form in a language other than what is on the website, please contact ODR at 1-800-222-3353, or email at odr@odr-pa.org. Note: Hindi and Urdu versions are now available.