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What is a Due Process Hearing?

by | Mar 25, 2020 | BIP, Education, IDEA, IEP, Special Education |

A Due Process Hearing is a very complex dispute resolution option for violations under the IDEA that requires parents and the school district to attend a hearing in front of an impartial hearing officer. This process is commenced with a Due Process Complaint Notice that outlines the issues at hand regarding the violation(s) of the IDEA, and what actions must be taken to resolve the issues raised in the notice.

At the hearing, both sides will be afforded the opportunity to provide evidence and witness testimony in favor of their case. After all sides have presented their evidence and testimony, the hearing officer will then make a decision on the matter.

If the school district is found to have violated the IDEA, they may be required to provide compensatory services, monetary reimbursement, and/or provide appropriate services in the future. The hearing officer may also award attorney’s fees to the parents if the decision is in their favor.

This process is very expensive, time consuming and can be very confusing and difficult to navigate. The support, advice, and guidance of an expertly skilled attorney in the field of Special Education law is crucial to ensuring you have the best chance of prevailing with your child’s right to a free appropriate public education. Please call us today: (303) 863-4256