What happens at a due process hearing for special education?
What happens at a due process hearing for special education?
You and the school district may agree (in writing) to waive this meeting, or to try mediation . If no agreement is reached, there is a due process hearing. This hearing is like a courtroom trial. Evidence is presented, and witnesses speak in front of a hearing officer who acts like a judge.
When to file a due process complaint for special education?
Due process is for disputes about your child’s rights to special education. Due process isn’t for every dispute. Under IDEA, you can only file a due process complaint for a dispute related to “identification, evaluation, or educational placement of [a child with a disability], or the provision of a free appropriate public education [FAPE].”
How long does it take for a due process hearing?
There’s a 30-day period to try to reach a resolution agreement. Once it’s clear that there won’t be a resolution agreement, the state department of education has 45 days to make sure there is a due process hearing and decision.
What are substantive and procedural issues in special education?
Substantive issues deal with your child’s right to an appropriate education. For example, you have a substantive dispute if your child’s Individualized Education Program (IEP) doesn’t give her the help she needs in reading or math. Procedural issues involve the technical aspects of the evaluation or IEP process.
Due process is for disputes about your child’s rights to special education. Due process isn’t for every dispute. Under IDEA, you can only file a due process complaint for a dispute related to “identification, evaluation, or educational placement of [a child with a disability], or the provision of a free appropriate public education [FAPE].”
You and the school district may agree (in writing) to waive this meeting, or to try mediation . If no agreement is reached, there is a due process hearing. This hearing is like a courtroom trial. Evidence is presented, and witnesses speak in front of a hearing officer who acts like a judge.
There’s a 30-day period to try to reach a resolution agreement. Once it’s clear that there won’t be a resolution agreement, the state department of education has 45 days to make sure there is a due process hearing and decision.
Substantive issues deal with your child’s right to an appropriate education. For example, you have a substantive dispute if your child’s Individualized Education Program (IEP) doesn’t give her the help she needs in reading or math. Procedural issues involve the technical aspects of the evaluation or IEP process.