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

_________________________________Alert! Alert! Because NICHCY’s website will only remain online until September 30, 2014, most of its rich content has moved to a new home, the Center for Parent Information and Resources (CPIR), where it can be kept up to date. The new address of Five Options, 1-2-3 at the CPIR is:http://www.parentcenterhub.org/repository/disputes-overview/_________________________________ September 2012This information … [Read more...]

Due Process Hearings

_________________________________Alert! Alert! Because NICHCY’s website will only remain online until September 30, 2014, most of its rich content has moved to a new home, the Center for Parent Information and Resources (CPIR), where it can be kept up to date. The new address of Due Process Hearings at the CPIR is:http://www.parentcenterhub.org/repository/hearings/_________________________________ September 2012This information in Spanish … [Read more...]

The Due Process Hearing, in Detail

_________________________________Alert! Alert! Because NICHCY’s website will only remain online until September 30, 2014, most of its rich content has moved to a new home, the Center for Parent Information and Resources (CPIR), where it can be kept up to date. The new address of The Due Process Hearing, in Detail at the CPIR is:http://www.parentcenterhub.org/repository/details-dueprocess/_________________________________ September 2012So–we’ve … [Read more...]

IDEA’s Regulations on Due Process Hearings

_________________________________Alert! Alert! Because NICHCY’s website will only remain online until September 30, 2014, most of its rich content has moved to a new home, the Center for Parent Information and Resources (CPIR), where it can be kept up to date.The new address of this page at the CPIR is:http://www.parentcenterhub.org/repository/regs-hearings/_________________________________IDEA's final Part B regulations addressing due process … [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: NICHCY is going away, but its resources are not. Find hundreds of legacy NICHCY publications, as well as our training curriculum on IDEA 2004, in the Center for Parent Information and Resources' Library at http://www.parentcenterhub.org/resources. This website will remain available until September 30, 2014. After that date, web visitors will be automatically redirected to http://www.parentcenterhub.org.