Appeals and Expedited Due Process

September 2010 Both the LEA and the parent of the child with a disability have the right to file a due process complaint, which is the first step in requesting a due process hearing to appeal decisions taken during disciplinary procedures, although the reasons these parties may do so differ. As §300.532(a) makes clear: Parents may appeal decisions regarding placement of their children (under §§300.530 and 300.531); Parents may appeal decisions … [Read more...]

Five Options, 1-2-3

September 2012 This information in Spanish | Esta información en español There are times when parents and schools simply do not agree on some issue affecting a child's education. They may try informal approaches to resolving the conflict, such as reviewing and revising the child's IEP or holding a facilitated IEP meeting (an approach emerging in the field). When these don't result in agreement on what represents an appropriate education for … [Read more...]

Due Process Hearings

September 2012 This information in Spanish | Esta información en español NICHCY is pleased to offer you the overview below on the due process hearing as a dispute resolution option, which will include the following: Short summary Each party’s rights in the hearing Role of the hearing officer Timelines Can the hearing officer’s decision be appealed? Then go to these two separate pages for the details. These details are important … [Read more...]

The Due Process Hearing, in Detail

September 2012So–we’ve arrived at the due process hearing, a longstanding option within IDEA for resolving disputes between parents and school systems. The two parties may have reached this point after unsuccessfully trying another of IDEA’s options for dispute resolution, or they may have waived those options and gone straight to the due process hearing. Regardless, the clock is now ticking on the timeline for holding a due process hearing … [Read more...]

IDEA’s Regulations on Due Process Hearings

IDEA's final Part B regulations addressing due process hearings begin at §300.311. Word for word, and in their entirety, the regulations read:§300.511 Impartial due process hearing.(a) General. Whenever a due process complaint is received under §300.507 or §300.532, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing, consistent with the procedures in §§300.507, 300.508, and 300.510.(b) … [Read more...]

Indicator 17 | Due Process Timelines

Updated, April 2013When families and schools disagree regarding the education of a child with disabilities, IDEA provides them with multiple ways by which to resolve their dispute. These include: written State complaints, mediation, due process complaints, resolution meetings, and due process hearings.Indicator 17, shown in bold below, deals with "due process timelines." Indicators 16, 18, and 19 address other methods of resolving disputes under IDEA … [Read more...]

Module 18: Options for Dispute Resolution

February 2008 English only slideshow Handouts for Participants in English and in Spanish Author Lisa Pagano Office of Special Education Programs U.S. Department of Education with special thanks to... Marshall Peter, Dick Zeller, Philip Moses, and John Reiman CADRE | Consortium for Appropriate Dispute Resolution in Special Education __________________________ Module 18 is all about IDEA's mechanisms for resolving disputes between … [Read more...]

Manifestation Determinations Under the New Individuals with Disabilities Education Act: An Update

April 2012Read this article (PDF)About this ArticleThis article provides an update of a previous analysis of the case law concerning manifestation determinations culminating in the revised pertinent provisions of the Individuals with Disabilities Education Act (IDEA) 2004. Specifically, the update consists of a synthesis of the legislative history, Office of Special Education Programs interpretations, and published hearing and review officer and … [Read more...]

Impartial Hearings Under the IDEA: Legal Issues and Answers

April 2012Read the article (PDF)About This ArticleThis updated Question-and-Answer document is specific to impartial hearing officers (IHOs) and the impartial hearings that they conduct under the Individuals with Disabilities Education Act (IDEA). It does not cover the IHO’s remedial authority, which is the subject of separate comprehensive coverage. The sources are limited to the pertinent IDEA legislation and regulations, court decisions and the … [Read more...]

Remedial authority of hearing and review officers under IDEA

The cornerstone for resolving disputes between parents and districts as to eligibility, FAPE, and other issues under IDEA is an impartial administrative hearing conducted by a hearing/review officer (H/RO). Yet IDEA is largely silent about the boundaries of remedial authority that H/ROs have to grant relief to aggrieved parties as state and federal courts do (e.g., tuition reimbursement, compensatory education). Using sources such as pertinent court … [Read more...]

NOTICE: The National Dissemination Center for Children with Disabilities (NICHCY) is no longer in operation. Our funding from the U.S. Department of Education’s Office of Special Education Programs (OSEP) ended on September 30, 2013. Our website and all its free resources will remain available until September 30, 2014.