The Due Process Hearing

Q: Where will the due process hearing be located?

A: IDEA '97 requires that the hearing be held at a place reasonably convenient to the parent. Typically, the hearing is held at the educational agency's building.

Q: What is a five-day disclosure?

A: At least five business days prior to the first due process hearing, the parties are required to exchange lists of all of the documents and witnesses they intend to use at the hearing. The list must be specific enough so that the opposing party can identify particular documents and know the identity of the witnesses.

Q: What do I need for evidence?

A: You should be prepared to present documents and witnesses which will support your position at the due process hearing. Typically the documents used at due process hearings include IEPs, ERs, evaluations, communications between the parties, etc. Typical witnesses include the parent, the child's teacher(s), a school administrator, and any experts with knowledge of the issues.

Q: What happens if the school district does not follow through with the Hearing Officer's directions set forth in the due process hearing's decision?

A: At the request of the parent or his or her counsel, the Department of Education's Bureau of Special Education (BSE) will begin enforcement proceedings. Neither ODR nor BSE institutes enforcement proceedings unilaterally. The educational agency must complete an Assurance Form, which is a document typically signed by the Superintendent of the school district, attesting to the fact that the educational agency has completed all of the actions ordered by the Hearing Officer. The parents and their counsel, if any, will be notified that ODR has received the Assurance Form and that the file will be closed unless the parent or his or her counsel alert ODR that they disagree with the educational agency's position that all action has been completed. Upon receiving this information from the parent or counsel, ODR will alert BSE that an enforcement proceeding needs to be started.