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(1.39) What is a due process hearing?

(1.39) What is a due process hearing?

When the parents 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.