Due Process Hearing Essay

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Parents of students with disabilities have a right to file a request for a due process hearing if there is some dispute regarding their child’s protections under the Individuals with Disability Education Act (IDEA). IDEA specifically states, “The parents involved in such a complaint shall have an opportunity for an impartial due process hearing.” Filing the request most often leads to a hearing which can be costly in both time and money. Currently, the hearing officer may legally have the option to dismiss some of the cases through the process of a prehearing, thus easing the backlog of cases. The premise of this article is to clarify when a case can be dismissed and to encourage the use of this process.
There are three categories for which a dismissal may pertain. First, although IDEA specifically states parents have the right to a due process hearing, it also allows for dismissal based two areas. If the parents do not participate, either due to refusal or failure to …show more content…
The author’s research indicates there are more cases where the dismissal was founded than was determined improper. Of those that were found improper, the impropriety of the dismissal was not based on IDEA mandates but rather errors made by the hearing officer during the prehearing regarding specific details of the case. In several instances the hearing officer made the decision based on erroneous information regarding the case. In other cases, the dismissal was based on the hearing officer’s inability to award a settlement or to enforce the resolution agreement. The courts later made the determination that the hearing officer did have the legal standing to uphold both points. Although courts have reversed the dismissal of some cases, it is important to note they have not specifically spoken out against the dismissal process and have not made a sweeping stand for or against the policy of

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