Raven's Guide to Special Education

Comprehensive information about special education regulations,
procedures, evaluations, programs, and disabilities

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Regulations - 5

Section 504 | FERPA | PL 94-142 | Infants & Toddlers With Disabilities Program
IDEA 1990 | IDEA 1997 | IDEA 2004 | Procedural safeguards

Procedural safeguards

Mediation

State education agencies and local schools must establish and implement procedures to allow parties to disputes involving any matter, including matters arising prior to the filing of a due process hearing request, to resolve such disputes through a mediation process.

Due process hearing

1. Parents or the school may request an impartial due process hearing regarding the school's identification, evaluation, or placement of the parent's child or the school's provision of a free, appropriate public education. The hearing must be conducted by the state educational agency or other state-authorized agency.
   
2. The school must inform parents of available free or low-cost legal services. Parents have the right to be reimbursed for reasonable attorney's fees when prevailing in a hearing.
   
3. The hearing must be conducted by an impartial person not employed by the school involved in the education of the child.
   
4. All persons involved in a hearing have the right to legal counsel at the hearing and to be accompanied by people who are knowledgeable about disabilities. They may present evidence and confront, cross-examine, and require witnesses to attend. They may prevent the use of evidence that has not been made known at least five days before the hearing. They may have a verbatim record of the hearing and a copy of written findings and the decision within 45 days after the request for the hearing.
   
5. Parents may have the hearing open to the public and may have their child attend.
   
6. The child must remain in his or her current educational placement during the time required for the proceedings, unless the parents and the school agree otherwise.
   
7. If the hearing was conducted by an agency other than the state agency, any party may appeal to the state agency and receive a decision within 30 days. Any party treated unjustly as a result of the hearing or appeal has the right to bring a civil action.

 

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Raven's Guide to Special Education © 1994 - 2011. Richard Flagle. All rights reserved.