A due process hearing is like a courtroom trial for you and the school.
During the hearing, you can call witnesses, give evidence, and make legal arguments.
A trained, impartial hearing officer acts as a judge and makes a decision about the case.
Really tough disputes about special education services for your child may wind up in due process . This is a formal process for resolving a special education dispute under the Individuals with Disabilities Education Act (IDEA). Due process starts with a written complaint from the parent and leads up to a hearing, which is like a courtroom trial. The hearing is where you present your child’s case and then get a decision.
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If you’ve watched any legal drama on television, you have a basic idea of what a due process hearing looks like. It’s a formal legal setting where you and the school present your sides of the dispute. Both sides can call witnesses, give evidence, and make legal arguments.
“Due process is one of the most complex areas of special education law.”
A trained, impartial hearing officer acts as a judge. The officer listens to both sides and decides the case. Because this is a complex legal process, you may want to have a lawyer represent you. (Many states also allow education advocates to represent parents at hearings.)
The hearing will probably be in a school conference room and last one or two days. The hearing is private, but you have the right—if you want—to open it to the public. Unlike a trial, there won’t be a jury or a court reporter. Instead, the hearing officer will use a tape recorder or other device to record what is said.
IDEA requires that at least five days before the hearing, you and the school exchange a list of witnesses. You’ll also exchange copies of any written exhibits. This means evidence such as evaluations, letters, and test results. Even informal notes that a witness brings might be considered a written exhibit.
2. Introduction by the hearing officer
3. Your opening statement
4. School’s opening statement
The school district’s lawyer will give an opening statement, explaining the school’s side of the dispute. (Time: 15‒30 minutes)
Your lawyer will call your first witness and ask questions. The lawyer may show the witness a piece of evidence, such as a report, and ask the witness to talk about it. Just as in a courtroom trial, the school’s lawyer will get a chance to question or cross-examine the witness.Â
6. The school district presents its case
7. Your closing statement
8. School’s closing statement
9. Adjournment
10. Post-hearing decision
Due process is one of the most complex areas of special education law. Knowing what to expect at a hearing is important for understanding how to resolve a dispute about your child’s education. Because the laws are so complex and the results of the hearing are so important, you may want to have a lawyer or education advocate help you.
Due process is complex, and you may want to have a lawyer or advocate represent you.
During the hearing, your witnesses, evidence, and legal argument tell a story about why you think you should win.
You can appeal a hearing decision within 90 days.