Due Process

Due Process

UPDATE ON DUE PROCESS HEARINGS

April 2021 – Since the spring 2020 school closures, due process hearings have been moving forward with virtual hearing sessions. As schools start to become fully operational, the hearing officer determination of in person versus virtual hearings focuses on a balance of flexibility and caution, consistent with the needs of the participants and societal and health circumstances. All case-specific questions about in person versus virtual hearings should be directed to the assigned hearing officer.

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:

Infant-Toddler Early Intervention

Preschool Early Intervention

Gifted

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.