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

IMPARTIAL DUE PROCESS HEARING

Disclaimer: 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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Letter to Robert Jacobs
October 25, 2007
Topic: Impartial Due Process Hearing
Letter clarifying whether a State educational agency (SEA) may contract with another agency to hold due process hearings for the SEA and the applicable appeals process.
download files MS Word (23K) | PDF (68K)

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Letter to David Shaw
December 12, 2007
Topic: Impartial Due Process Hearing
Letter regarding State rules for hearing officer review of negotiated settlement agreements reached outside of mediation or the resolution process and enforcement of these settlement agreements.
download files MS Word (27K) | PDF (126K)

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Letter to Roberto Maldonado
September 11, 2007
Topic: Impartial Due Process Hearing
Letter clarifying that any party to a due process hearing has the right to either a free copy of a written, or at the option of the parents, an electronic, verbatim record of the hearing, not both.
download files MS Word (23K) | PDF (134K)

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Letter to Teresa T. Combs
August 15, 2007
Topic: Impartial Due Process Hearing
Letter regarding the Department's current position on whether a local school district must or may file a request for a due process hearing to attempt to force a child to return to the district's special education program when the parent revokes consent for the child's receipt of special education and related services.
download files MS Word (23K) | PDF (134K)

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Letter to Richard E. Connelly
August 15, 2007
Topic: Impartial Due Process Hearing
Letter clarifying the obligation of a public agency to provide, at no cost, a copy of a written, or at the option of the parent, an electronic, verbatim record from a due process hearing, even though the applicable appeal period has expired.
download files MS Word (23K) | PDF (134K)

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Last Modified: 04/03/2008