๐Ÿ‘จโ€๐Ÿ‘ฉโ€๐Ÿ‘ง Family Court

Due Process Hearing

Also called: Impartial Hearing

What it means

A formal hearing to resolve disagreements between parents and a school district over special education. An independent hearing officer (not employed by the school) listens to both sides, reviews evidence, and makes a binding decision. The parent can challenge the IEP, the evaluation, the placement, or the services being provided. The child stays in their current placement during the hearing (the 'stay put' right). Either side can bring a lawyer. The hearing officer's decision can be appealed to the State Review Officer and then to court.

When you might hear this

You hear this when parents disagree with a school district about their child's special education services. A due process hearing is like a mini-trial where an independent hearing officer decides the dispute.

What to ask

  • What specific issue am I disputing?
  • Has mediation been tried first?
  • Does my child stay in the current placement during the hearing?
  • Is free legal representation available?
Source
20 USC ยง 1415 (IDEA); 8 NYCRR Part 200 โ€” Read the law
Checked: 2026-04-16
This is for understanding only. It is not legal advice. If you are in a case, talk to a lawyer.