Our State receives relatively low due process hearing requests and even lower cases of appealed decisions. We are seeking to hear from other States regarding how you manage orders or corrective action plans when a due process hearing decision has been appealed.
I have a couple questions about state policies and practices for resolution sessions.
We are updating our HOD implementation guidelines, and we are considering how to handle implementation deadlines for HODs under appeal. We have a one-tiered due process system so any HODs that are appealed go to federal district court. We have typically notified LEAs appealing an HOD that they are still required to implement the HOD within the timeframe ordered unless they provide a court-issued stay or TRO. We were wondering how other states handle implementation of HODs under appeal.
We would like to know if your state has uniform rules relating to hearing officer’s authority or lack of authority to review and/or enforce settlement agreements reached outside of resolution or state mediation processes. If so, any information that you could provide for consideration would be appreciated. Please share policy, procedures, uniform rules, etc.
Our state recently changed a state rule that used to require all complaints and due process requests to be filed against the district of residence even if the allegations involved another educational agency like a district of service. Now, our rule states complaints and due process requests may be filed against any educational agency. The definition of educational agency includes districts of service, educational service centers, career technical centers, etc.
