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When a child is identified and placed in a gifted program, their guardian receives a copy of the procedural safeguards.  This legal document is broken down into 10 sections that explain the guidelines and legal proceedings that are to be used.  This step also informs parents (in their first language) of any meeting regarding placement of their child.

I have attached a copy of the legal document.  I also used the course module week 7 content from page 3 as a source for this Padlet.

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This is the time when parents have to be informed of any evaluation that is individually done on their child on any test other than the standardized state tests.  It also gives the parent a right to refuse to sign, but not interfere with the child's right to attend school.

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This is the step when parents are informed they can attend any and all EP/IEP meetings about their child.

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The fourth step: Independent Education Evaluation

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The fourth step: Independent Education Evaluation

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This step states that the parent has the right to take their child elsewhere for testing if they do not agree with the results from the school.

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Current as of November 2017
In Spanish | En español
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If you, as a parent of a child with a disability, do not agree with the results of the individualized evaluation of your child, as conducted by the school system, you have the right to obtain what is known as an Independent Educational Evaluation, or an IEE (§ 300.502). This means that you may ask that a professional, competent evaluator who is not employed by the school system conduct another evaluation of your child.

If you request an IEE of your child, the school must provide you with information about where you can obtain such an evaluation.

Back to top

Who pays for the independent evaluation?

The answer to this question is that some IEEs are conducted at public expense (meaning, the school system pays for the evaluation), and others are paid for by the parents.

Let's see how that works out! Let us say that you are the parent of a child with a disability and you don't agree with the school's evaluation of your child. You have the right to request an IEE at public expense. This means that the school system would pay for an entirely new and independent evaluation of your child.

The school may grant your request and pay for the IEE, it may file a due process complaint and request a due process hearing to demonstrate that its own evaluation was appropriate. The school may ask you why you object to its evaluation, but it may not require that you explain, or cause unreasonable delays in providing the IEE at public expense or in initiating due process to defend its evaluation.

If the school initiates due process, and the final decision of the hearing officer is that the evaluation of the school was appropriate, you still have the right to an IEE but not at public expense. If you have an IEE conducted of your child, you will have to pay for it yourself.

Sometimes, as part of a due process hearing, the hearing officer will ask that an IEE be conducted of the child. If this happens, the evaluation must always be conducted at public expense.

When an IEE is paid for with public funds, it must comply with the same criteria that the school system uses when conducting an initial evaluation of a child. The school must tell parents what those criteria are-such as the location of the evaluation and the qualifications of the examiner. These criteria must be the same as those used by the school system for its own evaluation to the extent that these are consistent with the parents' right to an IEE. Nonetheless, the school system may not impose other conditions or deadlines with respect to conducting the IEE at public expense.

What else should a parent know about IEEs?

As a parent of a child with a disability, you should know that you have a right to only one IEE at public expense each time the school conducts an evaluation of your child and you disagree with the findings of that evaluation. Of course, you always have the right to have your child evaluated independently at your own expense. (Note: When the same tests are repeated in a short period of time, the validity of the results decreases.)

The results of any evaluation must be considered by the school system (if that evaluation complies with the criteria used by the school system) in making any decision with respect to providing your child with a free appropriate public education (FAPE). The results may also be presented as evidence in a due process hearing.
§ 300.502 Independent educational evaluation.
Where are IEEs in IDEA's regulations?

You'll find IDEA's provisions regarding IEEs at §300.502 of its final regulations. We've put these below for parents who would like to read IDEA's exact words.

(a) General. (1) The parents of a child with a disability have the right under this part to obtain an independent educational evaluation of the child, subject to paragraphs (b) through (e) of this section.

(2) Each public agency must provide to parents, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained, and the agency criteria applicable for independent educational evaluations as set forth in paragraph (e) of this section.

(3) For the purposes of this subpart-

(i) Independent educational evaluation means an evaluation conducted by a qualified examiner who is not employed by the public agency responsible for the education of the child in question; and

(ii) Public expense means that the public agency either pays for the full cost of the evaluation or ensures that the evaluation is otherwise provided at no cost to the parent, consistent with §300.103.

(b) Parent right to evaluation at public expense.

(1) A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the public agency, subject to the conditions in paragraphs (b)(2) through (4) of this section.

(2) If a parent requests an independent educational evaluation at public expense, the public agency must, without unnecessary delay, either-

(i) File a due process complaint to request a hearing to show that its evaluation is appropriate; or

(ii) Ensure that an independent educational evaluation is provided at public expense, unless the agency demonstrates in a hearing pursuant to §§300.507 through 300.513 that the evaluation obtained by the parent did not meet agency criteria.

(3) If the public agency files a due process complaint notice to request a hearing and the final decision is that the agency's evaluation is appropriate, the parent still has the right to an independent educational evaluation, but not at public expense.

(4) If a parent requests an independent educational evaluation, the public agency may ask for the parent's reason why he or she objects to the public evaluation. However, the public agency may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.

(5) A parent is entitled to only one independent educational evaluation at public expense each time the public agency conducts an evaluation with which the parent disagrees.

(c) Parent-initiated evaluations. If the parent obtains an independent educational evaluation at public expense or shares with the public agency an evaluation obtained at private expense, the results of the evaluation-

(1) Must be considered by the public agency, if it meets agency criteria, in any decision made with respect to the provision of FAPE to the child; and

(2) May be presented by any party as evidence at a hearing on a due process complaint under subpart E of this part regarding that child.

(d) Requests for evaluations by hearing officers. If a hearing officer requests an independent educational evaluation as part of a hearing on a due process complaint, the cost of the evaluation must be at public expense.

(e) Agency criteria. (1) If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, must be the same as the criteria that the public agency uses when it initiates an evaluation, to the extent those criteria are consistent with the parent's right to an independent educational evaluation.

(2) Except for the criteria described in paragraph (e)(1) of this section, a public agency may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

(Authority: 20 U.S.C. 1415(b)(1) and (d)(2)(A))

Would you like to read about Other Procedural Safeguards?

Use the links below to go there quick! Parents have the right:

to receive a complete explanation of all the procedural safeguards available under IDEA and the procedures in the state for presenting complaints;

to inspect and review the educational records of their child;

to participate in meetings related to the identification, evaluation, and placement of their child, and the provision of FAPE (a free appropriate public education) to their child;

to obtain an independent educational evaluation (IEE) of their child (you're here already);

to receive "prior written notice" on matters relating to the identification, evaluation, or placement of their child, and the provision of FAPE to their child;

to give or deny their consent before the school may take certain action with respect to their child;

to disagree with decisions made by the school system on those issues;

to use IDEA's mechanisms for resolving disputes, including the right to appeal determinations.

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Right to Obtain an Independent Educational Evaluation

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Current as of November 2017 In Spanish | En español _____________________ If you, as a parent of a child with a disability, do not agree with the results of the individualized evaluation of your child, as conducted by the school system, you have the right to obtain what is known as an Independent Educational Evaluation, or an IEE (§ 300.502).

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Parents have the right to receive a copy of the evaluation report used to determine the eligibility of their child.  This step also states that the school district must maintain confidentiality with the records and may only release the information with the parent's written consent.

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If the parents and the school cannot come to an agreement regarding the child's education, both have the right to request an impartial hearing.

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The seventh step: Administrative Law Judges

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The seventh step: Administrative Law Judges

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This step explains who the judge may be and also provides a list of judges.

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The eight step: Due Process Hearing Rights

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The eight step: Due Process Hearing Rights

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These are the rights that the parent and the school district are entitled to.  These rights include:

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Current as of October 2017
This information in Spanish | Esta información en español
___________________

We are pleased to offer you the overview below on the due process hearing as a dispute resolution option, which will include the following:

Then go to these two separate pages for the details. These details are important to know, if you're thinking about using the due process hearing as an approach to resolving a dispute in special education. The summary below is not a substitute for knowing the actual details of IDEA's regulations and requirements. It is just a summary.

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The Due Process Hearing, Summarized

There are times when the parties have been unable or unwilling to resolve the dispute themselves, and so they proceed to a due process hearing. There, an impartial, trained hearing officer hears the evidence and issues a hearing decision. During a due process hearing, each party has the opportunity to present their views in a formal legal setting, using witnesses, testimony, documents, and legal arguments that each believes is important for the hearing officer to consider in order to decide the issues in the hearing. Since the due process hearing is a legal proceeding, a party will often choose to be represented by an attorney.

Due process is a longstanding approach within IDEA to resolving disputes. Filing a due process complaint is the first step in the process that may lead to a due process hearing. A due process hearing, like many legal proceedings, involves multiple steps that must be followed in order for a party to have his or her case heard before a hearing officer.

What rights does each party have in a due process hearing?

IDEA gives the disputing parties specific rights in a due process hearing. These rights are found at §300.512 and include the right to:

Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities, except that whether parties have the right to be represented by non-attorneys at due process hearings is determined under State law.

Present evidence and confront, cross-examine, and compel the attendance of witnesses.

Stop any evidence from being introduced at the hearing that has not been disclosed to that party at least five business days before the hearing.

Get a written (or, at the option of the parents, electronic) verbatim record of the hearing.

Get a written (or, at the option of the parents, electronic) findings of fact and decisions. [§300.512(a)]

Disclosure | At least five business days before a hearing conducted under §300.511(a), each party must disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing [§300.512(b)]. The hearing officer may prevent any party that fails to comply with this requirement from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

Additional parent rights | IDEA gives parents additional rights in due process hearings. As identified at §300.512(c), these are the right to:

have the child who is the subject of the hearing present,

open the hearing to the public, and

have the record of the hearing, and the findings of fact and decisions, provided to them at no cost. [§300.512(c)]

The Role of the Hearing Officer

It's the hearing officer's job to weigh the merits of each party's argument, evidence, and witnesses, in light of what IDEA and state law require, also bearing in mind relevant federal and state regulations pertaining to the Act and legal interpretations of the Act by federal and state courts.

The hearing officer must possess the knowledge and ability to conduct hearings in accordance with appropriate, standard legal practice. IDEA includes provisions at §300.511(c) that describe the minimum qualifications that a hearing officer must have.

What is the timeline for reaching a decision in the due process hearing?

The State Education Agency (SEA) or the public agency directly responsible for the child's education (whichever agency is responsible for conducting the hearing in your State) must ensure that, not later than 45 days after the 30-day resolution period expires (or any of the adjustments made to that period), a final decision is reached in the hearing and a copy of the decision is mailed to each of the parties. The hearing officer may grant specific extensions of this time period at the request of either party.

Can the hearing officer's decision be appealed?

Yes, it can. Read more about how to do so in our more detailed page about due process hearings.

However, if not appealed, the decision made by the hearing officer is final. The school system must implement the hearing decision as soon as possible and, in any event, within a reasonable period of time. If it fails to do so, parents may seek court enforcement of an administrative decision. Parents may also file a state complaint with the SEA.

About CADRE!

We also highly recommend visiting CADRE, the National Center on Dispute Resolution in Special Education, where you'll find a wide range of materials in English and Spanish to help you understand how to resolve disputes in special education. Find CADRE at: http://www.cadreworks.org/

Would you like the details now?

As mentioned above, more information on the due process hearing is available in two companion pages:

**Highly Rated Resource! This resource was reviewed by 3-member panels of Parent Center staff working independently from one another to rate the quality, relevance, and usefulness of CPIR resources. This resource was found to be of "High Quality, High Relevance, High Usefulness" to Parent Centers.
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Read More about Options for Resolving Disputes?

Would you like to read more in depth about any of the dispute resolution options under IDEA? If so, the links below will take you to individual discussion pages.

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Current as of October 2017 This information in Spanish | Esta información en español ___________________ We are pleased to offer you the overview below on the due process hearing as a dispute resolution option, which will include the following: Then go to these two separate pages for the details.

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The ninth step: Appeals of Due Process Hearings

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The ninth step: Appeals of Due Process Hearings

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The parent or the school district has the right to appeal within 30 days of the decision.

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Special Education: When Parents and Schools Disagree

One job of an Individual Education Program (IEP) Team is to work together to develop appropriate programming for the child. While sometimes the team agrees, there are times when the parent and school do not agree. If the issue cannot be worked out within the IEP Team meeting, the Individual's with Disabilities Education Act (IDEA) allows for three different ways to solve the problem. They are:

Stand-Alone Mediation

Who can request mediation?

What is mediation?

Mediation is an opportunity for both side to talk about their differences and try and reach an agreement. Mediation is voluntary and either side can say that they do not want to participate. You can even decide in the middle of the mediation that you no longer would like to participate! The Department of Education pays for mediation so it is provided at no cost to the parents.

Typically, it is held around a table with the parent, a representative from the school, and a mediator. The mediator's role is to listen to both sides of the case and try and help both sides come to an agreement. At some points during mediation, the two parties may be separated into different rooms with the mediator going in-between both rooms discussing the different opinions. The mediator can help both sides comes to an agreement but cannot require that a certain agreement be made.

Who are the mediators?

A mediator is appointed by the Commissioner of Education. This person is trained in mediation techniques and is knowledgeable about special education law. A mediator does not root for either the parents or the school. They do not choose the side that they feel is correct and should not give legal advice to either side.

How do you request a mediation?

You may request mediation by filling out a Dispute Resolution Request Form or by calling (207) 624-6644. You will need to send the form to the Department of Education and a copy of the form to the school. Be sure to keep a copy for yourself!

What happens after you request mediation?

After you fill out and send in your request for mediation you will get a letter in the mail or by email. This letter will tell you who your mediator is and when and where the mediation will take place. The mediation will be scheduled for as soon as possible at a location that is convenient to both parties.

The day of mediation, the parties will get together with the mediator and talk about their concerns. Any discussion during mediation is confidential and cannot be discussed outside of the mediation. You may be required to sign something before mediation begins saying that you will keep the information discussed at mediation confidential. The only things that are not confidential at mediation are:

What happens if you reach an agreement during mediation?

If you reach an agreement during mediation, congratulations! This means that your case has been settled and there will be no further action with the Department of Education. The agreement will be written down and signed by the parent and the school representative. This agreement is what is called binding. That means that whatever both parties have agreed to has to be done. Otherwise, the party who did not do what the agreement requires can be taken to court or have a complaint filed against them with the Department of Education.

COMPLAINT

Who can file a complaint?

Why would you file a complaint?

Any of the above individuals can file a complaint against a school if they believe that their rights or their child's rights under IDEA have been violated. Some examples include:

How long do you have to file a complaint?

Generally, a complaint must be filed within 1 year of the violation. If the violation keeps happening, a complaint can be filed at any time. If you are asking for services to be made up that have been miss in the past, you have 2 years from when those services were missed to file a complaint. This is known as asking for compensation education or "comp ed."

How do you file a complaint?

To file a complaint, you will need to fill out the Dispute Resolution Form from the Department of Education's website. (Located here: http://www.maine.gov/doe/specialed/forms/disputeres-req.pdf) . Check the box for "Complaint Investigation." If you have documents you want the complaint investigator to read, attach them to the form. It will help the investigator if you attach supporting documents. You must give suggestions for how to fix the problem. Send everything to the Department of Education and a copy to the school. Keep a copy for yourself.

What happens when you file a complaint?

When the Department of Education gets the complaint, it will decide if an investigation is needed. If it is, the Department of Education will assign a neutral third party to do an on-site visit to the school. During the investigation, the person who filed the complaint will be able to give more information. The school will be able to respond to the complaint and try and resolve any issues. Mediation may also be offered.

From the time the complaint is filed the investigation and written decision need to be completed within 60 days. The timeline may be longer if:

The written decision must include what facts the investigator found, how the facts point to there being a violation of the law or there being no violation, and the reason for the decision. If there are violations found, the school will be ordered to take corrective action, such as:

If the Department of Education does not find any violations, no order against the school will be made.

DUE PROCESS HEARING

What is a Due Process Hearing?

A Due Process Hearing is when one party, either the parent/adult child or the school, does not agree with a decision that was made and would like a hearing to determine what the appropriate legal decision should be. This is very similar to a court hearing but not quite as formal. The process is known as an administrative hearing.

Who Are the Hearing Officers?

Hearing officers cannot work for the Department of Education or for the school district that is involved in the case. They must be fair and neutral. The Department of Education and the schools keep a list of hearing officers and their qualifications.

Who Can Ask for a Hearing?

A parent or adult student can ask for a due process hearing if they disagree with:

The school must request a due process hearing if:

The school can (but does not have to) file a request for due process hearing if you refuse to consent to evaluations of your child. The school can ask the hearing officer to order the evaluations.

When should I ask for a due process hearing?

A due process hearing request must be made within 2 years of when the parent or school knew or should have known about the disagreement. For example, if you go to an IEP Team meeting on January 1, 2020 and disagree with the decisions that are made, you have until January 1, 2022 to file a due process hearing request. This timeline does not apply if:

How do you request a due process hearing?

To file a "due process hearing" request, get a Hearing Request form from the Department of Education and fill it out. (Found here: http://www.maine.gov/doe/specialed/forms/hearing-req.pdf) Send your completed form to the Department of Education and send a copy to the school. Make sure to keep a copy for yourself. If the school files a due process hearing request, it must send you a copy.

The request must be clear and must include:

the name and address of your child or adult student,

if your child is homeless, the available contact information for your child

the name of the school your child attends

a description of the problem, including facts related to it, and

how you would like the problem resolved

The hearing will only address the issues that are written in the request, so be sure to include all the issues in your request.

The other party can challenge the request for not being specific or for not having all the information it should have. The challenge must be in writing and sent to the hearing officer within 15 calendar days of receiving the request. The hearing officer must make her decision about the request within 5 calendar days of getting the challenge. If the hearing officer finds that the request is no good, a new due process hearing request can be filed if:

Do the due process hearing request need to be responded too?

Yes! If the school files a due process hearing request against you, you need to send a written response to the school within 10 calendar days of when you get the request. Your response must address the issues the school raised.

If you file a due process hearing request, the school has 10 calendar days from when it gets the request to send you its written response. The response must state:

why it made the decision that you do not agree with,

the description of other options considered by the IEP Team,

the reason why those options were rejected,

descriptions of each evaluation, record, and report that supports the school's decision, and

the facts that led to the school's decision.

What happens after the request is filed?

Once a parent or adult student files a due process hearing request, the school has 30 calendar days to fix the problems that were raised to the satisfaction of the person filing the request. It does this by scheduling a dispute resolution meeting within 15 calendar days of getting a copy of your due process hearing request. The purpose of the resolution meeting is to give you and the school a chance to work things out. The people who should go to the meeting are:

If the parent does not attend the dispute resolution meeting, the school can ask the hearing officer to dismiss your case. If the case is dismissed, the hearing will not happen.

The resolution meeting does not need to happen if:

The school cannot have a lawyer at the meeting if you do not have a lawyer at the meeting. For more information see http://www.maine.gov/doe/specialed/support/dispute/procedures/resolutionsessionguidelines.html

What happens if an agreement is reached at the dispute resolution session?

If you reach an agreement, the school has 30 calendar days from when you filed your due process complaint to make the agreed to changes. If the school does not make the changes it agreed to within that time, the due process hearing timeline will begin. (See below) The agreement must be in writing and be signed by the parent/adult student and the school.

You or the school can change your mind about the agreement within 3 business days of when the agreement was signed. After that the agreement is legally enforceable and either side can be brought to court for not doing the agreement. It can also be enforced by filing a complaint with the Department of Education.

What happens if no agreement is reached in the dispute resolution session or mediation?

If no agreement can be reached either through a dispute resolution session or mediation, the case will go to a hearing. The whole due process hearing timeline line happens in 45 calendar days. This timeline does not begin until after the 30 day resolution period is over giving the parties a chance to come to an agreement before a hearing. (Dispute resolution meeting or mediation) The timeline can start before that if:

the school does not hold the resolution meeting within 15 days,

you and the school agree to not have a resolution meeting,

you and the school agree in writing that an agreement is not possible, or

you and the school agreed to mediation after the and one of you then withdraws from mediation

How should you prepare for the hearing?

If you and the school do not reach agreement through a resolution meeting or mediation, there will be a hearing. The hearing officer will schedule a "pre-hearing conference" with you and the school. At the "pre-hearing conference" the hearing officer will determine the issues and ask about both sides witnesses, exhibits (documents, pictures etc.), and any other issues that need to be discussed.

You and/or the school can subpoena witnesses to the hearing. Any person who you send a subpoena to is required to attend the hearing and bring the documents that you requested. The party who wants the subpoena must ask for one ahead of time from the Commissioner of the Maine Department of Education. Any travel costs or fees charged by the witness must be paid for by the party asking for the subpoena.

The school must provide an exhibits list to the parent or adult student at least three business days before the pre-hearing conference. This is a list of the documents they plan on offering to the hearing officer at the hearing. The school will bring this list as well as the documents to the pre-hearing conference.

The parent/adult student will need to prepare a list of the documents that they plan on using at the hearing. Three copies of this list and three copies of all of the documents that the parent/adult student plans on using at the hearing should be brought to the pre-hearing conference. You need to put the date of each document on the exhibit list.

Any document that is not shared with you or that you do not share with the opposing side at least 5 days before the hearing will not be allowed to be used at the hearing. If you have an exhibit that you would like to use, make sure to give it to the other side at least 5 days before the hearing!

What will happen at the hearing?

The first thing that will happen is the hearing officer will make what is called an opening statement. The hearing officer will explain the issues that will be addressed and explain how the hearing will work. The party who requested the hearing will then give an opening statement and then the other side gets a turn.

The party who requested the hearing will then testify under oath as to their side of the story and put on their witnesses to testify. After each witness, the other party will be able to ask more questions of that witness. This is called cross-examination.

Once the first party has called all of their witnesses, the other party will begin to call their witnesses. Just like the first time, once the first round of questions is complete, the other party can cross-examine that witness with additional questions.

After all of the evidence has been presented and all of the witnesses have testified, the parties give closing arguments. This is a chance to talk about all of the facts of the case that show that the law has or has not been violated. Though this can be done out-loud at the hearing, the hearing office may ask for written arguments. If this happens you will be given a date that you need to send in the written argument.

A school district can have a lawyer for the pre-hearing conference and the hearing even if you do not have a lawyer. The hearing will be recorded by the hearing officer.

How will I know the decision of the hearing officer?

The hearing officer must make a decision within 15 calendar days after the hearing has ended. If written arguments were submitted, this means 15 days after they received them. The decision will be based on the evidence presented at the hearing.

If the school loses the hearing, it must comply with the decision within 45 calendar days or file a Court appeal.

What if I do not agree with the decision?

The party who loses can appeal to federal Court or Maine Superior Court within 90 calendar days of receiving the decision. The appealing party must send a copy of the appeal to the Department of Education. An appeal to Court is not a new hearing. Instead, the Court will review the hearing decision for legal errors. A written transcript of your recorded hearing will be made for the Court to review on the appeal. A parent can request a transcript or recording of the hearing and cannot be charged a fee.

Where does my child go to school while the due process hearing is happening?

As you see from the timelines, the process takes a while. While all this is going on, your child stays in his or her "current educational placement." This is the placement your child was in before any changes were made at the IEP team meeting. A different placement can happen if you and the school agree to another placement, or your child has been placed in an IAES (Interim Alternative Education Setting) for 45 school days.

If you do not agree with the school's decision for your child's placement, they have to notify you at least 7 days before that placement can happen. In order for your child to stay in their current placement you must file the due process hearing request for the placement is actually changed.

Can I collect attorney's fees if I hire an attorney?

If you win the due process hearing, the school may be ordered to pay your reasonable attorney's fees (if you were represented by a lawyer). Attorney's fees will not be ordered if:

The school can ask for a hearing officer to order you to pay its attorney's fees ONLY IF you made the hearing request for an improper purpose (harassment, unnecessary delay, to increase cost of litigation).

Can this timeline be shorter if my child is currently out of school?

A hearing be on a shorter timeline, expedited, but only if a child has been disciplined by and removed from the school. The hearing is the same as a due process hearing, except the timelines are slightly shorter.

Instead of 30 calendar days to resolve the problem, the school has .

The "resolution session" must happen in instead of 15 calendar days.

If the issue is not resolved within from when the school got the expedited due process hearing request, the hearing timeline is .

The hearing must be held within after the resolution period has ended.

The hearing officer must issue a decision within after the hearing has ended.

If you look at a calendar, you will see that this is not much quicker than the 45 calendar days it takes for a regular due process hearing. In addition, an expedited hearing can be limited to one day. With a regular due process hearing, you are not limited to the number of days needed to present your case.

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Special Education: When Parents and Schools Disagree

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Special Education: When Parents and Schools Disagree One job of an Individual Education Program (IEP) Team is to work together to develop appropriate programming for the child. While sometimes the team agrees, there are times when the parent and school do not agree.

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The tenth step: Placement During Due Process Hearings and Appeals

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The tenth step: Placement During Due Process Hearings and Appeals

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This step states that the child will stay in their current educational setting until an agreement can be made, unless both parties agree to a different setting.

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