Due Process

We are looking for information as to how other states handle various situations if parties don’t specifically ask for an expedited hearing, or have additional issues.  Any information you can provide would be greatly appreciated. Questions: 1. In your state, must a party specifically request an expedited hearing? 2. What if a party requests an expedited hearing but doesn’t raise an expedited issue identified under 34 CFR §300.532(a)? 3.

We are looking for samples from other states of a contract between an independent contractor hearing officer and either the DOE or the entity that contracts with hearing officers. 

I recently received a question about SEA enforcement of orders in due process hearings, and I’m not sure that I can answer it appropriately. I know that there’s a 2013 Q and A document that says SEAs can use general supervision authority to ensure compliance, but naturally it doesn’t say specifically what the SEA would do and how it would do it. Off the top of my head the only enforcement mechanism would be to withhold funds. Have any of you faced this, and if so, how did you handle it?

If an IEP team makes a determination of NOT eligible (after student has been eligible in the past) and the parent disagrees, is the district obligated to continue the eligibility until such time as a hearing officer makes a determination?  OR Does the IEP team decision of NOT eligible stand until a hearing officer makes a determination to support or reverse the IEP team decision?

Do any of your agencies utilize an electronic case filing and management system for your IDEA due process hearings?  We are looking for a solution similar to the electronic case filing system in federal and state courts for these IDEA due process hearings.  That is, the parties would file their pleadings electronically in the system, all parties and the hearing officer would receive automatic email notification of any filing, and all filings would be indexed in the system.  If any of your states use this type of software, will you please let me know the solution you use and how well it works?

Does your state permit discovery in due process proceedings? If so, would it be possible to share a link with the relevant /statute/regulations/rules?

1. The regulations allow for an administrative law judge to grant specific extensions of time. Does a “specific extension” require a date certain? 2. How do you document the decision due date if you don’t have a hearing scheduled? Or, do you always have a hearing scheduled even if it gets rescheduled or canceled?

How, in your state, do the ALJs determine when the decision is due? Do you track the timelines internally or just receive reports from your ALJs?

If the Governor's Office receives a complaint and reaches out to your agency in their attempt to resolve a matter, how do you respond to their request for information? Would you?

How do you ensure compliance with the hearing officer’s orders from the LEA?  Do you involve parents in any way when ensuring compliance with the hearing decisions?  We currently do not, I am curious how this would be done where it wasn’t basically an approval from the parent.