General Concepts
What is due process in special education?
A formal legal procedure that resolves disputes between parents and schools regarding a child’s special education services under IDEA.
Who can file a due process complaint?
Parents or legal guardians, school districts, or public agencies.
What is the purpose of a resolution meeting?
To attempt to resolve the dispute before proceeding to a due process hearing.
Who conducts a due process hearing?
An Impartial Hearing Officer (IHO) assigned by the ODE.
What is the Stay-Put Rule?
A child remains in their current educational placement while due process proceedings occur.
What law ensures due process rights in special education?
The Individuals with Disabilities Education Act (IDEA).
Where must a due process complaint be submitted?
The superintendent of the school district and the Ohio Department of Education, Office for Exceptional Children (ODE-OEC).
How soon must a resolution meeting occur?
Within 15 days (or 7 days for expedited cases).
What qualifications must an IHO have?
Must be an attorney with expertise in IDEA laws and independent of the school district.
What can a parent or school do if they disagree with the IHO’s decision?
File an appeal with a State-Level Review Officer (SLRO) within 45 days.
What does due process protect?
A child’s right to a Free Appropriate Public Education (FAPE).
What information must be included in the complaint?
The child’s name, address, school district, a description of the dispute, supporting facts, and a proposed resolution.
Who attends a resolution meeting?
Parents, school representatives, and IEP team members familiar with the issue.
What happens during a due process hearing?
Both parties present evidence, call witnesses, and cross-examine opposing witnesses.
How long does an SLRO have to issue a decision?
30 days.
What issues can due process address?
Evaluations, eligibility, services, placement, and implementation of an Individualized Education Program (IEP).
How long does a school have to respond to a due process complaint?
10 days.
What happens if an agreement is reached?
Both parties sign a legally binding agreement.
What is the timeline for the hearing?
The hearing must occur within 45 days after the resolution period ends
Do parents have to pay for an attorney?
Yes, unless they win in court, in which case they may request reimbursement.
What is the role of due process in ensuring educational equity?
Due process ensures that students with disabilities receive the services and accommodations they are legally entitled to, prevents discrimination, and holds schools accountable for providing a Free Appropriate Public Education (FAPE) under IDEA.
What must the school include in its response?
A written explanation of its position and a proposed resolution.
Is mediation required in due process cases?
No, mediation is voluntary.
When can an IHO rule against the school?
If procedural violations: Denied FAPE to the child, impacted the parent's ability to participate in decision-making, or deprived the child of educational benefits.
What role do school psychologists play in due process?
Ensuring compliance with IDEA, supporting IEP development, and providing expert testimony when necessary.