Due Process

Due Process

UPDATE ON DUE PROCESS HEARINGS

June 2021-  Effective immediately, parties who want to have an in person due process hearing may now request one. Due process hearings will comply with the safety plans of the LEA.  Virtual hearings remain available for those parties who prefer participating in a virtual manner. When requesting due process,  please notify the case manager of your preference of an in person or a virtual hearing.

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.