Definition: Facts in an IDEA or section 504 due process hearing, formal complaint investigation, or court proceeding refers to statements about the case that are proven as true based on evidence.
To prevail in a hearing or complaint, it is necessary for complainants to provide evidence proving that their allegations are true or very likely to be true.
Examples:
The parents won the due process hearing because they proved their allegations were true. They used school discipline records to show that their son was suspended for more than 30 school days and that the school failed to hold the required IEP team meeting to address the problem.
