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(6.75) What if my child was physically or emotionally injured by negligent acts by school personnel? Do I have to go through a due process hearing when I am not making any claim under special education law before I file a lawsuit in court?

(6.75) What if my child was physically or emotionally injured by negligent acts by school personnel? Do I have to go through a due process hearing when I am not making any claim under special education law before I file a lawsuit in court?

No. OAH ALJs do not have the power to hear claims like these (personal injury) and you are not required to file a due process hearing which does not involve any claims under special education law before going to a court on these claims. However, you must be sure that any “educational” issues have been resolved through other channels and the only claims that remain in your lawsuit are those for which relief is not available under IDEA.