Laws & Guidance SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

Due Process Hearings

Note: Letters issued prior to Dec. 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to Aug. 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.

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March 27, 2013 to New York attorney William J. Casey
TOPIC: Due Process Complaint
SECTION OF IDEA: Part B—Assistance for Education of All Children with Disabilities; Section 615—Procedural Safeguards
  MS Word (56KB) | PDF (70KB)


Redacted letter
December 10, 2003
Topic: Due Process
Letter clarifying that a party aggrieved by a decision in a hearing (in a one-tier due process hearing system) does not have a right to an appeal to the SEA merely because the state transfers responsibility for conducting due process hearings to the state's Office of Administrative Hearings, and clarifying that the state is not automatically a proper party to an administrative or judicial proceeding merely because the state operates a one tier system.
  MS Word (24K) | PDF (79K)


Letter to Mr. David K. Greer
September 12, 2002
Topic: Due Process Hearings
Letter regarding whether due process hearings under the IDEA may be conducted by Louisiana's administrative law judge panel and clarifying that as a general matter, the Office of Special Education Programs does not interpret state law, or opine about its application, unless state law appears to conflict with federal requirements.
  MS Word (33K) | PDF (178K)


Letter to Ms. Judith A. Douglas
April 19, 2001
Topic: Due Process Hearings
Letter regarding whether a state educational agency is required to convene a due process hearing initiated by someone other than the parent of a child with a disability or a public agency.
  MS Word (24K) | PDF (117K)


Letter to Mr. John A. Nelson
November 22, 2000
Topic: Due Process Hearings
Letter regarding the requirement to provide parents with transcripts of due process hearings at no cost.
  MS Word (24K) | PDF (117K)


Letter to Ms. Winona W. Zimberlin
October 19, 2000
Topic: Due Process Hearings
Letter regarding Connecticut's statutory provisions (a) establishing a two-year limit for requesting a due process hearing; (b) prohibiting the introduction of issues at a hearing that were not previously raised in a planning and placement team meeting; and (c) enabling hearing officers to comment on the conduct of due process proceedings.
  MS Word (54K) | PDF (291K)


Letter to Paul L. Erickson, Esquire
May 1, 2000
Topic: Due Process Hearings
Letter regarding North Carolina's application of a 60-day limitation period to administrative reviews for all claims under IDEA.
  MS Word (54K) | PDF (291K)

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Last Modified: 10/17/2014