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

Who may request a hearing: A hearing request may be filed with the BSEA by any of the following people:

1. The student (if age 18 or over);
2. The parent(s), or foster parent(s);
3. Legal guardian;
4. An individual with court-appointed educational decision-making authority;
5. An individual acting in the place of the parent (including a grandparent, stepparent or other relative) with whom the student lives, or an individual who is legally responsible for the student’s welfare;
6. A surrogate parent appointed by the Surrogate Parent Program;
7. Special education director of the responsible school district or state education agency; or
8. An attorney or advocate representing any of these people.