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(1.39) What is a due process hearing?

(1.39) What is a due process hearing?

When the parents/guardians/other education rights holders of a student with disabilities and the school district disagree about the student’s eligibility, placement, program needs or related services, either side can request a due process hearing. At the administrative hearing, both sides present evidence by calling witnesses and submitting any reports and evaluations that support their position. A state Administrative Law Judge (ALJ) decides whose witnesses and documents are correct and what program is appropriate. A due process hearing is generally not appropriate for issues addressed by the compliance complaint process. While parents/guardians/other education rights holders are allowed to represent themselves in due process hearings, it is strongly encouraged that they retain an attorney to file for due process hearing on their behalf.