Have you had a dispute with special education personnel, and wonder if a due process hearing will resolve it? Have you heard that parents have difficulty during due process, and should try to avoid it? This article will discuss due process hearings for special education, and important things you need to know about the process.

Due Process is a conflict resolution process, where parents and school personnel bring evidence in front of a hearing officer, who makes a decision on who wins. Due process is not a court hearing, but an administrative hearing. Due Process is a tough, adversarial process, but it is possible for parents to prevail. You should keep your issues few and simple. Below is a list of things that you must know about due process:

1. Before you file for a due process hearing, you must take your child to get an independent educational evaluation (IEE). You cannot win a due process hearing, without a detailed report, from a independent person in the field. If your child has autism, try and find a person who specializes in autism.

The person, who conducts the evaluation, must also testify, at the due process hearing. The report will be entered into evidence as part of your case. The person may testify by telephone, make sure that the due process sight includes a telephone with a conference call feature.

2. After you file for due process, have little verbal contact with special education personnel. Keep your communication in writing, as much as possible.

3. Some school personnel try and retaliate against parents for filing for a due process hearing. By keeping communication in writing, this may cut down on some of the verbal retaliation. In fact, I would expect retaliation, and be surprised if it doesn’t happen. Try and meet other parents who have gone through due process, to help you prepare and also with the emotional difficulties, associated with due process.

4. Once a hearing officer is appointed, they may not have contact with one party without the other party present. This is called ex parte communication, and is not allowed under the due process rules. If you need to speak to the hearing officer, call the school districts representative, and you can have a three party phone call.

5. Due process requires pre hearing conferences be held between parents, school personnel, and the hearing officer. Most times these are done by telephone; which makes it easier for everyone. The conferences set up the issues, date, time of the hearing, witnesses, if you need a telephone for witnesses that will be testifying by telephone.

6. You need to understand, that some states are one party due process states and some states are two due process party states. One party means that the state board of education hires the hearing officers. In Illinois, where I live, we are a one party due process state. In a two party state the school district hires the hearing officer, and the person who loses can appeal to the second state level. I understand that New York is a two party state. Check with your state board of education on which due process party your state uses.

7. You may be able to conduct the due process hearing yourself, or with the help of an experienced advocate. Keep the case simple! Check with local disability organizations to see if they have advocates who help with due process. Also try and meet parents who have experience with due process, their own or another parents.

This article has helped you learn some important information about due process. This will help you make a decision about whether you will file for a due process hearing. Good luck in your advocacy efforts!

By: JoAnn Collins