Special Education Due Process Hearing - Exploring Special Education Hearings

Special Education Due Process Hearings - Learn about Special Ed Hearings

A special education due process hearing is one of three main administrative remedies available to parents under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 to resolve disagreements between parents and schools regarding children with disabilities. Due process hearings are administrative hearings that are conducted, in many ways, like a court trial. Hearings may be held on behalf of individual students or groups of students, as in a class-action.

Other grievance procedures available to parents include:

• Seeking informal resolution to the problem by speaking with the principal or manager of the child's school, special education administrator, or Section 504 administrator;
• Filing a complaint with the local board of education through the district superintendent or manager;
• Filing an IDEA formal complaint with your state's department of education or a Section 504 complaint with the US Department of Education's Office of Civil Rights;
• Requesting mediation from the state's department of education.

  Special Education Due Process Hearings - Why Might Parents Request a Special Education Hearing?

  Parents typically file request for hearings when:

  • They believe the child's individual education program (IEP) is not being implemented appropriately.
  • They believe their child has been denied a Free Appropriate Public Education (FAPE).
  • They disagree with the school about what teaching methods would be appropriate for the child.
  • The school district has failed to provide the necessary support services such as speech, physical, or occupational therapies.
  • Parents believe they have tried to work with the district to resolve the problem but have not been successful.
  • The point of disagreement is so significant that it requires an impartial hearing officer (IHO) to resolve it.

  Special Education Due Process Hearings - What Happens During a Special Education Hearing?

  A due process hearing is similar to a hearing in civil court. Either party may be represented by an attorney or may present their cases themselves. The procedures and requirements for a due process hearing may vary depending on your state's specific administrative laws. Generally, hearings proceed as follows:

  1. The plaintiff or complainant gives an opening statement that details his or her allegations against the defendant or respondent. The plaintiff also has a burden of proof.
  2. Both parties are provided an opportunity to state their cases. Each must prove any allegations are facts with adequate, admissible evidence and supportive documentation.

     Common types of evidence include:

     • the child's cumulative records and confidential special education files;
     • referrals for assessment;
     • assessment reports from the school and/or private evaluators;
     • the child's IEP goals and objectives, and progress reports;
     • discipline reports such as suspension and expulsion documentation; and
     • attendance and grade reports.
  3. Both parties may prepare briefs to support their positions to submit to the IHO for consideration. Briefs typically include background information on issues involved with the case. For example, a parent of a child with autism may submit a brief detailing effectiveness of augmentative communication.
  4. Each party may subpoena witnesses to testify in person or via affidavit or deposition.
  5. Parties are given the opportunity to cross-examine any witnesses who testify during the hearing.
  6. The hearing officer listens to the case presented by the parties and issues a formal decision based on case law. IHOs may rely on existing administrative laws, binding precedent, and persuasive precedent to form their decisions on the matter.
  7. Both parties have the option of appealing the ruling if they can present reasonable evidence that the hearing officer has made an error or that additional evidence has surfaced that may affect the outcome of the case.