Due
Process is protected under the IDEA. It provides parents with the right to
resolve disagreements with their school district. There are two ways disagreements
are resolved: through mediation and a due process hearing.
Mediation:
The
school district, the parent, and a neutral third party meet to resolve
disagreements and attempt to come to a resolution. The neutral third party, or mediator, is there
to facilitate discussion and not make a decision. If an agreement cannot be
made in mediation, the parent or school district can request a due process
hearing.
Due
Process Hearing:
During
a Due Process hearing, the parent and school district have the opportunity to present
written evidence, witnesses, testimony and legal arguments about the dispute
before a hearing officer. Since the due process
hearing is a legal proceeding, a party will often choose to be represented by
an attorney.
The request for a due process hearing must be filed within
two years from the date you knew or should have known about the alleged action
that forms the basis of the due process complaint. (20 USC 1415[b][6]; 34 CFR
300.507; EC 56501 and 56505 [I]).
YSERVIDEOS. (September 1, 2013). IDEA Basics: Due Process. [Video Post] Retrieved on May 30, 2017, from: https://www.youtube.com/watch?v=_VQfI0iWZYg
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