Definition: Evidence is an important part of any IDEA due process hearing, special education complaint investigation, or Section 504 hearing or complaint. The parties involved in the dispute may use evidence to:
- Support or refute the complainant's allegations;
- Lend credibility or discredit testimony of a witness; and
- Establish or question the facts of a case.
Evidence may include:
- Witness statements;
- Student assessment reports;
- Cumulative folders and review of records;
- Special education confidential due process folders;
- School discipline and attendance records;
- Police reports;
- Expert testimony;
- Court documentation;
- Independent evaluations;
- Medical and psychiatric testimony and evaluations; and
- Other evidence as appropriate.
Examples:
Complainants must provide evidence of their allegations to prove their case.