Due Process Hearing
You may request a formal due process hearing anytime you have a disagreement about your child's special education program, placement, or evaluation. (Remember, there are alternatives to a formal hearing, including mediation, a pre-hearing conference, and several new alternatives to formal dispute resolution.) This hearing takes place before an impartial hearing officer who cannot be employed by your school district or local intermediate unit. Hearings will be held within 30 calendar days after the request unless the hearing officer grants an extension.
You may be represented by a lawyer at the due process hearing. You may also be accompanied and advised by individuals with special knowledge or training in child disability issues. Both sides may have witnesses and may ask questions of the other side's witnesses. Both sides may give the hearing officer written material to consider. The hearing must be held at a reasonably convenient time and place for you. The hearing will be closed to the public unless you ask the hearing officer to open it. The hearing will be transcribed and you will be given a copy. The Office for Dispute Resolution website has more information on due process hearings.
There is a form available to help you request a due process hearing. If you request a due process hearing, you or your lawyer must give the following information to school officials in writing:
The hearing officer will listen to both sides and then make a written decision. The decision will be mailed to you and the school officials within 45 calendar days after the receipt of your request for the hearing, unless the hearing officer grants an extension.
If you are not satisfied with all or part of the hearing officer's decision, you may have the option to file an appeal to a three-member Special Education Appeals Panel. There are some exceptions to the availability of the Special Education Appeals Panel to hear a case. The Special Education Appeals Panel does not have jurisdiction over early intervention/preschool cases or cases involving only Section 504/Chapter 15 issues. Those cases must be appealed to a court of competent jurisdiction. Parents are encouraged to seek legal counsel for assistance in choosing the correct court with which to file an appeal, and to ensure that any applicable timelines and procedures are followed.
When you receive the hearing officer's decision, you will also receive the procedures and timeline for filing an appeal.
If the Special Education Appeals Panel has jurisdiction over the issues in your case, but you disagree with the decision of the panel, you may file an appeal in court. You can choose to file your case either in the Pennsylvania Commonwealth Court or Federal Court. You are encouraged to seek legal counsel to ascertain which court you should file your appeal with, and to ensure that you meet any timelines and procedures for filing an appeal.
Except in limited circumstances (see Due Process to Challenge Disciplinary Exclusion), when a parent requests a due process hearing the student must remain in his or her current educational placement, unless the parent and school district agree otherwise. If the parent's request is made at a time when there is a dispute over the child's initial admission to public school, the student must be placed in the public school, with the parent's consent, until the due process procedures are complete.