What is a Due Process Hearing?
A due process hearing is a formal legal procedure designed to ensure fairness in educational decisions concerning your child. As parents, if you disagree with an action proposed or refused regarding your child's education, you or the school district can request a due process hearing to resolve the conflict.
In both Connecticut and New York, you may file a due process complaint within two years from when the school district proposes or refuses actions such as: (a) recognizing a child's disability; (b) conducting an evaluation; (c) placing your child in a program that addresses their unique needs; or (d) providing a free appropriate public education (FAPE). If the school district has not given you a copy of your rights to file a complaint, the two-year limit starts upon receiving this document. This procedural safeguard manual might be available on the Department of Education's website.
In filing a due process complaint, parents in Connecticut should send it to the Due Process Unit of the Bureau of Special Education, while in New York, it should be sent to the NY State Education Department. The complaint must include the child's name, residence address, school attended, a detailed problem description, including relevant facts, and a proposed resolution.
The receiving party has 15 days from receiving the due process complaint to inform the hearing officer and the other party if they believe the complaint lacks necessary information. The hearing officer has five days to determine the adequacy of the complaint. If deemed inadequate, a new complaint must be filed. If adequate, the school district must, within 10 days, provide: an explanation of why the action was proposed or refused, other options considered and rejected, evaluation procedures and assessments used, and any other relevant facts.
Within 15 days of receiving the due process complaint and before the hearing starts, a meeting must be held between the Local Education Agency (LEA) and parents, alongside relevant PPT members with specific knowledge of the complaint. This meeting aims for potential dispute resolution without a hearing. This meeting can be waived by mutual agreement. If the issue isn’t resolved within 30 days of the complaint notice, the hearing may begin. A final decision is made by the hearing officer 45 days after this period unless there were delays in participating in the resolution meeting.
A hearing officer can extend the 45-day period upon request from either party. Hearings are held at a mutually convenient time and place. A final decision copy is mailed to each party. Both parties have the right to counsel and may also include individuals with expertise in disabilities. They can present and examine evidence and witnesses. Introducing evidence not disclosed at least five business days prior to the hearing is prohibited. The hearing is recorded, and upon request, a written or electronic copy, along with the decision, is provided at no cost.
During ongoing due process proceedings, your child remains in their current educational setting unless both parties agree otherwise. Known as “Stay-Put," this rule has exceptions, such as interim settings for issues involving weapons or serious harm. It does not apply to Manifestation Determination challenges where placements may change.
What is Mediation?
Mediation offers a voluntary alternative to resolve disputes concerning your child’s special education rights. Both parties must agree to participate in mediation, which occurs at a convenient time and place. A mediator assists in resolving the dispute. Resolved issues during mediation are documented in a binding agreement enforceable in court. Discussions in mediation are confidential and inadmissible in future hearings or actions. If unresolved, parties can proceed to a due process hearing.
The Connecticut State Department of Education and the New York State Education Department maintain lists of mediators proficient in relevant laws. Mediators are impartial, not employees of the involved school district, and have no conflicting interests. The state covers mediation costs. As in due process hearings, parties may have legal representation at their own expense during mediation.
What is an Advisory Opinion?
In Connecticut, an advisory opinion offers another alternative dispute resolution option. It’s a non-binding opinion from a hearing officer after presentations from both parties. Though non-binding, it may facilitate settlement without requiring formal hearings or mediation. The advisory process is not recorded, and the opinion is confidential and inadmissible in future proceedings. Parties may have attorneys and up to two witnesses during this process.
Special Education Complaint Resolution
If a Connecticut or New York education agency breaches the Individuals with Disabilities Education Act (IDEA) or related state laws, a complainant can file a written complaint with the respective State Department of Education. This must be within one year of the alleged violation. Complaints address issues related to student identification, evaluation, placement, or FAPE provision.
The complaint must outline how the school district failed to comply with IDEA or state laws protecting disabled children and detail the factual basis. Complaints involving ongoing due process hearings will be set aside until the hearing concludes. Past issues resolved by due process and involving the same complainant and agency won't be reconsidered through complaints. Complaints on implementation failures from due process decisions can be reviewed via the complaint process.
The complaint resolution process allows for voluntary mediation with Bureau of Special Education mediators. Following complaint review, a written final decision is issued by an education consultant within 60 days. If non-compliance is found, corrective actions may include compensatory services or financial reimbursement and may be required to ensure future compliance for all students with disabilities. No appeal exists for the final complaint decision, but issues can be raised in due process hearings or mediation.
Appealing a Due Process Hearing Decision
A due process hearing decision can be appealed to the state agency if conducted initially by a public agency other than the state, with the state’s decision being final unless pursued further through a civil action in state or federal court within 90 days of the hearing decision.
In 2017, the U.S. Supreme Court ruled that lawsuits under other statutes addressing disability issues do not always require exhaustion of IDEA procedures unless the remedy sought pertains to FAPE denial.
Contact Us
If you have any questions regarding special education due process hearings or alternative dispute resolution in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
