Due process hearing
A due process hearing is a hearing in front of an impartial hearing officer to resolve a disagreement about a child's identification, evaluation, placement, or FAPE. A parent or the school can file a due process complaint.
There are time limits for filing, and the school must tell parents about free or low-cost legal help when a complaint is filed or the parent asks.
Also called: due process, due process hearing, due process complaint, hearing, impartial hearing
Sources
- 34 CFR 300.507 (300.507(a)(1))U.S. Department of Education
“may file a due process complaint on any of the matters described in § 300.503(a)(1) and (2).”
- 34 CFR 300.511 (300.511(a))U.S. Department of Education
“must have an opportunity for an impartial due process hearing”
- 34 CFR 300.511 (300.511(c)(1))U.S. Department of Education
“At a minimum, a hearing officer—”
- 34 CFR 300.511 (300.511(e))U.S. Department of Education
“A parent or agency must request an impartial hearing on their due process complaint within two years”
- 34 CFR 300.507 (300.507(b))U.S. Department of Education
“The public agency must inform the parent of any free or low-cost legal and other relevant services”
- 34 CFR 300.507 (300.507(a)(1))U.S. Department of Education
“(relating to the identification, evaluation or educational placement of a child”
- 34 CFR 300.507 (300.507(a)(1))U.S. Department of Education
“with a disability, or the provision of FAPE to the child).”
- 34 CFR 300.507 (300.507(a)(1))U.S. Department of Education
“A parent or a public agency may file a due process complaint”
- 34 CFR 300.507 (300.507(b)(1))U.S. Department of Education
“The parent requests the information; or”
- 34 CFR 300.507 (300.507(b)(2))U.S. Department of Education
“The parent or the agency files a due process complaint under this section.”