Due Process

We have been getting requests and questions from advocates in Washington about changing the burden of proof in due process (shifting the burden to the LEA). I may have sent this question out before, but in what we’ve looked at so far the burden of proof h

We have been getting requests and questions from advocates about changing the burden of proof in due process (shifting the burden to the LEA). I may have sent this question out before, but in what we’ve looked at so far the burden of proof has been changed in a handful of states via legislative directive. Are any states considering changing burden of proof in due process? Are you doing this based on legislation? Or are you doing it through administrative rulemaking? Or, are you a state that already has the burden of proof on the LEA and how did you get there?

How are states ensuring that HOs that meet the IDEA requirements are available to conduct DP hearings? Are requests assigned to a centralized panel of HOs employed by another agency or office, such as office of administrative hearings? If so, are members

How are states ensuring that HOs that meet the IDEA requirements are available to conduct DP hearings? Are requests assigned to a centralized panel of HOs employed by another agency or office, such as office of administrative hearings? If so, are members of panel required to be licensed to practice law? In place of or in addition to a central panel, does your state contract with individuals to provide these services? If your state contracts with individuals are these individuals required to be licensed to practice law?

In a state that has the transfer of rights language permitted under 20 USC 1415(m)(1), how have you handled the parent's standing - and the child's - when the child reaches the age of majority DURING the pendency of a due process complaint (and assuming t

In a state that has the transfer of rights language permitted under 20 USC 1415(m)(1), how have you handled the parent's standing - and the child's - when the child reaches the age of majority DURING the pendency of a due process complaint (and assuming the child is competent)?  For example: add the student as a party; have the parents obtain the child's consent to their representation; substitute the child for the parents; allow the parents to continue with no change; or dismiss the complaint for no standing?  

Has your state seen a decline in the number of due process hearings filed since the COVID-19 pandemic began?  If so, do you have any theories as to the reason for the decline?   Posted 5/21.

Has your state seen a decline in the number of due process hearings filed since the COVID-19 pandemic began?  If so, do you have any theories as to the reason for the decline?   Posted 5/21.

Has your state seen a decline in the number of due process hearings filed since the COVID-19 pandemic began?  If so, do you have any theories as to the reason for the decline?  Posted 5/21.

Has your state seen a decline in the number of due process hearings filed since the COVID-19 pandemic began?  If so, do you have any theories as to the reason for the decline?  Posted 5/21.

How has your state treated OSEP’s answer to Question 4 in its June 2020 guidance document concerning the resolution procedures during the COVID-19 pandemic and its interplay with the requirements of 34 CFR 300.510 and 300.515(a) (hearing timelines)?  Has

How has your state treated OSEP’s answer to Question 4 in its June 2020 guidance document concerning the resolution procedures during the COVID-19 pandemic and its interplay with the requirements of 34 CFR 300.510 and 300.515(a) (hearing timelines)?  Has it caused you to alter the way that you comply with OSEP’s directive in question D-15 from the 2013 guidance in which the SEA’s “must ensure that its LEAs convene a resolution meeting within 15 days of receiving notice of the parent’s due process complaint?”

How does your state provide annual training for hearing officers and mediator? Do your states contract with an independent trainer, and if so, do you go through the procurement process that forces you to select the low bidder? Do you provide “in house” tr

How does your state provide annual training for hearing officers and mediator? Do your states contract with an independent trainer, and if so, do you go through the procurement process that forces you to select the low bidder? Do you provide “in house” training with a trainer from your Department of Education or related entity? What amount are you paying trainers and what amount are HOs and mediators being paid for their services?
Subscribe to Due Process