A Special Education Due Process Hearing provides the opportunity for both the parents and the public educational agency to present their point of view on the issue(s) of disagreement through witnesses and documents to a trained, independent and impartial hearing officer. The hearing officers are not employees of the District’s public education system. After the hearing is held, the hearing officer will make a final decision on the issues of disagreement and provide it to the parent and public educational agency. A due process hearing decision can be appealed to court.
IDEA requires that specific procedure be followed by both parties when requesting a due process hearing and there are specific timelines and rules for the parent, the public educational agency, and the hearing officer to follow. Due to the formality of this process and the legal nature of the proceedings, parents often have an attorney represent them, but may represent themselves.