Definition: A due process hearing is a court-like review process governed by administrative laws. A due process hearing is one of the administrative remedies available to parents and school districts to resolve special education disputes. Hearings can be held on behalf of one student or may involve others, as in a class action.
The due process hearing is presided over by a hearing officer whose decisions have the effect of law and are binding upon the parties participating in the hearing.
During a due process hearing, both sides:
- subpoena and present witnesses and perform cross examination;
- present admissible evidence;
- may present depositions or affidavits;
- engage in closing arguments; and
- request that the hearing officer rule favorably on their positions.
Parties to a due process hearing can represent themselves or be represented by attorneys.
Examples:
The parents filed for a due process hearing because they believed district failed to implement their learning disabled child's individual education program.
