How to Survive a Due Process Hearing

Abstract

Abstract Background/Introduction: Due process hearings are administrative hearings that resolve disputes between parents of children, who qualify for special education services under the Individuals with Disabilities Education Act (“IDEA”), and a Local Educational Agency (“LEA”). The IDEA provides that students that qualify for special education services are entitled to receive a Free Appropriate Public Education (“FAPE”). A FAPE has both substantive and procedural requirements. The process by which a LEA details the provision of a FAPE to a student who qualifies for special education services is through the development of an Individualized Education Program (“IEP”). Objectives: This article reviews the process to develop a legally defensible IEP. This article provides strategies for LEAs and educational professionals to avoid a due process hearing. This article provides a brief description of and timelines associated with a due process hearing. This article provides suggestions to educational professionals who may be called to testify as a witness at a due process hearing. Conclusion: LEAs and educational professionals can minimize their risk of having to undergo a due process hearing and can maximize their chances to prevail at a due process hearing through preparation and training.