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What is a due process hearing in special education?

Overview. A due process hearing may address an argument about the eligibility, evaluation, placement, individualized education program (IEP), provision of special education, or procedural protections of state and federal law for students with disabilities. A parent or school district may file for a hearing.

What requires a due process hearing?

Procedural due process refers to the constitutional requirement that when the federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision-maker.

Is due process required prior to an afterschool detention Why or why not?

However, it is required for suspension from school. This requirement came about after the Supreme Court ruling in the 1975 Goss v. Lopez case. There is no constitutional right to due process before detention, but individual school districts may set their own rules and regulations regarding detention.

What does a due process meeting mean?

The hearing is a trial-like proceeding. All parties have the opportunity to present their evidence and arguments. All witnesses are placed under oath. Each party may testify, ask witnesses questions, and present their evidence. Usually, the party that filed the complaint goes first.

What is the definition of due process in special education?

Due process in special education means the rights and procedures that apply to deciding disagreements between parents and districts. Special education due process procedures occur over a period of time.