Family & Community Special Communities
Special Education Appeals

Due Process Hearings

How to request a hearing

Who may request a hearing

Information to be included in the hearing request

What issues may be addressed through a hearing

Scheduling a hearing date

Pre-hearing conference

Subpoena Authority

Transcripts

What happens at a hearing

Representation by an attorney or advocate

Hearing officers

Hearing decisions

Rules and regulations governing BSEA hearings

Hearing officers: Due process hearings are conducted by impartial hearing officers employed by the BSEA. The hearing officers do not have personal or professional interests that would conflict with their objectivity in the hearing.

BSEA hearing officers have the power and the duty to conduct a fair hearing; to ensure that the rights of all parties are protected; to define issues; to receive and consider all relevant and reliable evidence; to ensure an orderly presentation of the evidence and issues; to order additional evaluations by the school district or independent educational evaluations at public expense when necessary in order to determine the appropriate special education for the student; to reconvene the hearing at any time prior to the issuance of a decision; to take such other steps as are appropriate to assure the orderly presentation of evidence and protection of the parties' rights at the hearing; to ensure a record is made of the proceedings; and to reach a fair, independent, and impartial decision based on the issues and evidence presented at the hearing and in accordance with applicable law.

Anyone may, upon request, obtain from the BSEA a list of the hearing officers with their qualifications.