Definition: Depositions: In a special education due process hearing or court action regarding a child with a disability, a deposition is testimony given by witnesses while under oath outside of the court room or due process hearing setting.
Depositions can be taken either in a due process hearing under the Individuals with Disabilities Education Act (IDEA) or civil court proceedings.
In a special education due process hearing or civil court procedure, sometimes it is necessary to obtain factual information from witnesses who cannot be present at the proceeding. Depositions are taken to obtain admissible evidence and information that does not necessarily require cross examination.
Examples:
The parents' attorney obtained a deposition from the child's doctor to explain the types of medication the child needed to control his attention deficit hyperactivity disorder.