Sunday, January 5, 2014

Due process hearing request under IDEA

By Diane Taylor from

The federal regulations for Individuals with Disabilities Education Act (IDEA) includes many provisions to protect the rights of parents and their child with a disability while also giving families and school systems means by which to resolve disputes. These rights are known as procedural safeguards. Parents have specific rights under this law to due process hearing requests under 34 CFR &300.507.

You or your school district may file a due process hearing request on any matter relating to a proposal or a refusal to initiate or change the identification, evaluation, eligibility determination or educational placement of your child or the provision of a free, appropriate public education (FAPE) to your child.

In addition, in accordance with Section 1008.212, F.S., in the event that your school district superintendent requests that an extraordinary exemption from participation in a state assessment be granted to your child and the State Superintendent denies this request, you have the right to an expedited due process hearing. The request for an expedited due process hearing is made directly to the State Department of Education. Upon your request, you will be advised of any free or low-cost legal services and other relevant services available. The hearing must begin within twenty school days following receipt of your request. The administrative law judge or hearing officer must make a determination on the case within ten school days after the expedited hearing is completed.

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