Due Process

Seeking your collective wisdom on OSEP’s April 15, 2022 Letter to Zirkel, specifically with respect to, Whenever a due process complaint is received under 34 C.F.R. §§ 300.507 or 300.532, the parents or the local educational agency involved in the dispute must have an opportunity for an impartial due process hearing, consistent with the procedures in 34 C.F.R. §§ 300.507, 300.508, and 300.510. 34 C.F.R. § 300.511(a).

We have had situations where the parties agree to go to mediation, we assign a mediator, but then the school and parent hire an outside mediator.  Or, they contract with an individual that we do use as a mediator, but is not the mediator that was assigned on our rotation basis.

Has anyone had an expedited due process hearing (where a hearing officer has been appointed) and then the complainant, in a request to the state, moves to withdraw the expedited case and file a regular due process to get around time constraints so that the parties may pursue mediation?  In other words they are effectively trying to amend the complaint so that it is now a regular due process hearing.  If so, I would love any insight you may be able to provide. Can an expedited hearing even be converted to a regular due process? What does the state need to do if anything?

Any experience dealing with enforcement of a hearing decision?  For example, a hearing officer ordered, among other things, that a district arrange for a special type of vehicle to transport a student (a medical taxi) and the district has not 2 months later complied.  The District represents and has logs to show that they have tried but cannot find a vendor to provide the transportation.

Does your state offer anything in addition to a standard diploma, or just a standard diploma?

How do others interpret 34 CFR 300.152(a)(5) Issue a written decision to the complainant that addresses each allegation in the complaint…? For states that have adopted the provision directly from IDEA without creating any clarifying rules, do you interpret that to mean ALL complaints in the original letter even if they are not part of IDEA? Or do you interpret it based on 34 CFR 300.153(b)(1) A statement that a public agency has violated a requirement of Part B of the Act or of this part.

I am reviewing a due process decision that is part of this year's correction of noncompliance process in our state. The decision, dated February 9, 2021, ordered 11 hours of speech services as a corrective action. The Parent appealed the due process on February 9, 2021 and the matter is pending in front of the US District Court. Does the District still need to carry out the corrective action?

Would anyone be willing to share their hourly rate for HOs?

We are seeking information relating to the current amount that States pay special education hearing officers as we are considering the need to provide a pay raise in order to recruit and secure additional HOs. 

Has anyone conducted an entire hearing by telephone or video?  I am interested in hearing about your experience and any advice you have to offer. Posted 4/2020.