Learn about the due process hearing

A due process hearing is the first step in the formal process of special education dispute resolution.

Overview

A due process hearing may address a dispute about the eligibility, evaluation, placement, individualized education program (IEP), provision of special education, or procedural protections of state and federal law for students with disabilities.

A parent or a school may file for a hearing.  A school district may not request a hearing on a parent's failure or refusal to consent to initial evaluation or initial placement of a child in a special education program or on a parent's written revocation of consent for further receipt of all special education and related services.  Hearing requests may also be filed to challenge the Department of Elementary and Secondary Education's assignment of local education agency (LEA) responsibility.

Once a hearing date is scheduled, parties voluntarily retain the option of going to mediation or in certain circumstances have the option of going to a settlement conference.  These options allow for compromise and do not go before a hearing officer.

You do not need to have an attorney at the due process hearing; you may represent yourself.

Hearing Officers

Due process hearings are conducted by impartial hearing officers employed by the BSEA. The hearing officers do not have personal or professional interests that would conflict with their objectivity in the hearing.

BSEA hearing officers have the power and the duty to:

1. Authorize the BSEA to issue subpoenas sua sponte or upon the request of any party to secure the presentation of evidence or testimony;
2. Request a statement of the issues and define the issues;
3. Rule on any requests or motions that may be made during the course of the due process proceedings;
4. After consultation with the parties and consideration of the proposed evidence, place reasonable limits on the presentation of evidence to prevent undue delay, waste of time, or needless presentation of cumulative evidence;
5. Assist all those present in making a full statement of the facts in order to bring out all the information necessary to decide the issues involved and to ascertain the rights of the parties;
6. Ensure that each party has a full opportunity to present its case orally, or in writing, and to secure witnesses and evidence to establish its claims;
7. Regulate the presentation of the evidence and the participation of the parties for the purpose of ensuring an adequate and comprehensible record of the proceedings;
8. Examine witnesses and ensure that relevant evidence is secured and introduced;
9. Receive, rule on, or exclude evidence;
10. Introduce into the record any regulations, statutes, memoranda, or other materials relevant to the issues at the hearing;
11. Continue the hearing to a subsequent date to permit either party to produce additional evidence, witnesses, and other information;
12. Order additional evaluations at public expense;
13. Order written briefs to be submitted by the parties, establish the issues to be addressed by the briefs, and set the deadline for their submission;
14. Reconvene the hearing at any time prior to the issuance of a decision for any purpose or pursuant to a post-hearing motion; and
15. Censure, reprimand, or otherwise ensure that all participants conduct themselves in an appropriate manner. 

Anyone may, upon request, obtain from the BSEA a list of the hearing officers with their qualifications.