Term: Due Process Hearing

Parents and/or guardians may request a due process hearing if they are unable to resolve differences with a school or school system concerning the special education services being provided to their child. A due process hearing is more formal than mediation (see below) and the parties are generally represented by attorneys and/or advocates. An impartial hearing officer hears both sides of the dispute and issues a written decision within 45 calendar days of the hearing request. If either the parents or the school disagree with the decision, they may appeal through the court system.