Before Due Process Hearing Takes Place
Request for Due Process Hearing:
Resolution Meetings:
Appointment of an Impartial Due Process Hearing Officer:
Pre-hearing Conference:
Rights Prior to the Hearing:
- You have the right to a due process hearing, where a legal hearing officer gathers evidence and testimony from both you and the school district to make a legally binding decision regarding a problem with special education/related services.
- You or the school district can initiate the request and it must be sent in writing to the superintendent of the district.
- Request must include: Name/address of student, name of school attended, description of the problem including supporting facts, proposed resolution to the problem as much as possible.
- School district must request a due process hearing appointment with the Illinois State Board of Education within 5 days of receiving request.
- You have 5 days after submitting request to amend the first request, but after 5 days the school district must agree to changing the request for a due process hearing.
Resolution Meetings:
- A meeting between you, relevant members of the IEP team, and a representative of the school district to try to resolve problem before due process meeting by discussing the basis for which the request for a hearing has been made.
- Meeting must: occur within 15 days of receiving the request for a due process hearing, include a representative of the district who has decision-making authority, not include a district attorney unless you are bringing an attorney, allow you to discuss your reasons for requesting a due process hearing.
- If a resolution is reached, all members of meeting must sign a legally binding agreement. Agreement may be voided within three business days by informing other party.
- If school district has not taken action on the request within 30 days, due process hearing will continue.
Appointment of an Impartial Due Process Hearing Officer:
- An officer who is impartial and has no ties to the student or the district will be appointed to conduct the hearing.
- A substitution request from either party must be made within 5 days of the announcement of the hearing officer
Pre-hearing Conference:
- Hearing officer must conduct this meeting with both parties prior to the hearing.
- You will be expected to: explain the issues under dispute at the hearing, the witnesses that will be called at the hearing, the list of documents that will be submitted to present the case at the hearing.
Rights Prior to the Hearing:
- To be advised by an individual knowledgeable of issues regarding the rights of students with disabilities.
- To inspect/review/copy school records pertaining to issue.
- To have access to district's independent evaluators and to evaluate your child at your expense.
- To be advised at least 5 days in advance about any evidence.
- To compel anyone with pertaining information to attend hearing.
- To request an interpreter for hearing.
- To maintain the placement and eligibility status of student while hearing takes place.
- To request an expedited hearing.